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Semiannual Regulatory Agenda
SPRING 20 1 0
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SPRING 2010
Semiannual Regulatory Agenda
"Environmental protection is about human protection. It's about
basing our work on strong science and protecting Americans
where they live, work, play and learn. To do this, we must be
transparent and keep citizens engaged so they know how best to
keep themselves and our environment safe and healthy."
— Administrator Lisa P. Jackson
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Spring 2010 Semiannual Regulatory Agenda
ENVIRONMENTAL PROTECTION AGENCY (EPA)
ENVIRONMENTAL PROTECTION
AGENCY
40CFRCh. I
[FRL-9134-3]
EPA-HQ-OA-2007-1172
EPA-HQ-OW-2010-0169
EPA-HQ-OW-2010-0166
EPA-HQ-OAR-2010-0052
Spring 2010 Regulatory Agenda
AGENCY: Environmental Protection
Agency.
ACTION: Semiannual regulatory
flexibility agenda and semiannual
regulatory agenda.
SUMMARY: The Environmental Protection
Agency (EPA) publishes the semiannual
regulatory agenda online (the e-Agenda)
at www.reginfo.gov to update the public
about:
• Regulations and major policies
currently under development,
• Reviews of existing regulations and
major policies, and
• Rules and major policymakings
completed or canceled since the last
agenda.
Definitions:
"E-Agenda," "online regulatory
agenda," and "semiannual regulatory
agenda" all refer to the same
comprehensive collection of
information that used to be published in
the Federal Register but which now are
only available through an online
database.
"Regulatory Flexibility Agenda"
refers to a document that contains
information about regulations that may
have a significant impact on a
substantial number of small entities.
This continues to be published in the
Federal Register because of a
requirement of the Regulatory
Flexibility Act.
"Monthly Action Initiation List" (AIL)
refers to a list that EPA posts online
each month of the regulations newly
approved for development.
"Unified Regulatory Agenda" refers to
the collection of all agencies' agendas
with an introduction prepared by the
Regulatory Information Service Center.
"Regulatory Agenda preamble" refers
to the document you are reading now.
It appears as part of the Regulatory
Flexibility Agenda and introduces both
the Regulatory Flexibility Agenda and
the e-Agenda.
"Rulemaking Gateway" refers to a
new portal to EPA's priority rules with
earlier and more concise information
about Agency regulations. More
information about the Rulemaking
Gateway appears in section H of this
preamble.
FOR FURTHER INFORMATION CONTACT: If
you have questions or comments about
a particular action, please get in touch
with the agency contact listed in each
agenda entry. If you have general
questions about the semiannual
regulatory agenda, please contact: Phil
Schwartz (schwartz.philip@epa.gov;
202-564-6564) or Caryn Muellerleile
(muellerleile.caryn@epa.gov; 202-564-
2855).
TO BE PLACED ON AN AGENDA
MAILING LIST: If you would like to
receive an e-mail with a link to new
semiannual regulatory agendas as soon
as they are published, please send an e-
mail message with your name and
address to: nscep@bps-lmit.com and put
"E-Regulatory Agenda: Electronic Copy"
in the subject line.
If you would like to regularly receive
information about the rules newly
approved for development, sign up for
our monthly Action Initiation List by
going to
http://www.epa.gov/lawsregs/search/
ail.html#notification and completing the
five steps listed there. You may also
track progress on EPA's priority
rulemakings by visiting the Rulemaking
Gateway (www.epa.gov/rulemaking/) or
signing up for RSS feeds at
http://yosemite.epa.gov/opei/
RuleGate.nsf/content/
getalerts.html?opendocument.
If you would like to receive a hard
copy of the semiannual agenda about 2
to 3 months after publication, call 800-
490-9198 or send an e-mail with your
name and complete address to:
nscep@bps-lmit.com and put
"Regulatory Agenda Hard Copy" in the
subject line.
SUPPLEMENTARY INFORMATION:
Table of Contents
A. Map of Regulatory Agenda
Information
B. What Are EPA's Regulatory Goals and
What Key Principles, Statutes, and
Executive Orders Guide Our Rule and
Policymaking Process?
C. How Can You Be Involved in EPA's
Rule and Policymaking Process?
D. What Actions Are Included in the
Regulatory Agenda?
E. How Is the E-Agenda Organized?
F. What Information Is in the Regulatory
Flexibility Agenda and the E-Agenda?
G. How Can I Find Out About
Rulemakings That Start Up After the
Regulatory Agenda Is Signed?
H. What Tools for Finding More About
EPA Rules and Policies Are Available
at EPA.gov, Regulations.gov, and
Reginfo.gov?
I. Reviews of Rules With Significant
Impacts on a Substantial Number of
Small Entities
J. What Other Special Attention Do We
Give to the Impacts of Rules on Small
Businesses, Small Governments, and
Small Nonprofit Organizations?
K. Thank You for Collaborating With Us
A. Map of Regulatory Agenda
Information
Type of Information
Online Locations
Federal Register Location
Semiannual Regulatory Agenda
Semiannual Regulatory Flexibility Agenda
www.reginfo.gov/, www.regulations.gov,
and http://www.epa.gov/lawsregs/
search/regagenda.html
www.reginfo.gov/, www.regulations.gov,
and http://www.epa.gov/lawsregs/
search/regagenda.html
Not in FR
Part XII of today's issue
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Spring 2010 Semiannual Regulatory Agenda
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Type of Information
Online Locations
Federal Register Location
Monthly Action Initiation List
Rulemaking Gateway
http://www.regulations.gov/
fdmspublic/component/
main?main=DocketDetail&d=EPA-HQ-
OA-2008-0265 and
http://www.epa.gov/lawsregs/
search/ail.html
www.epa.gov/rulemaking/
Not in FR
Not in FR
B. What Are EPA's Regulatory Goals,
and What Key Principles, Statutes, and
Executive Orders Guide Our Rule and
Policymaking Process?
In outlining her agenda for the
environment, Administrator Jackson has
outlined seven themes to focus the work
of EPA. These key goals shape
everything we do.
Taking Action on Climate Change:
Last year saw historic progress in the
fight against climate change, with a
range of greenhouse gas (GHG)
reduction initiatives. We are continuing
this critical effort and ensuring
compliance with the law. We continue
to support the President and Congress in
enacting clean energy and climate
legislation. Using the Clean Air Act, we
will finalize our mobile source rules and
provide a framework for continued
improvements in that sector. EPA is
building on the success of ENERGY
STAR to expand cost-saving energy
conservation and efficiency programs.
Additionally, we continue to develop
common-sense solutions for reducing
GHG emissions from large stationary
sources like power plants. EPA
recognizes that climate change will
affect other parts of its core mission,
such as protecting air and water quality,
and includes those considerations in
our future plans.
Improving Air Quality: American
communities face serious health and
environmental challenges from air
pollution. There are already proposed
stronger ambient air quality standards
for ozone, which will help millions of
Americans breathe more easily and live
more healthy lives. Building on that,
EPA will develop a comprehensive
strategy for a cleaner and more efficient
power sector, with strong but achievable
emission reduction goals for SO2, NOx,
mercury, and other air toxics. We will
strengthen our ambient air quality
standards for pollutants such as PM,
SO2, and NO2, and will achieve
additional reductions in air toxics from
a range of industrial facilities. Improved
monitoring, permitting, and
enforcement will be critical building
blocks for air quality improvement.
Assuring the Safety of Chemicals:
One of EPA's highest priorities is to
make significant progress in assuring
the safety of chemicals in our products,
our environment, and our bodies. Last
year, Administrator Jackson announced
principles for modernizing the Toxic
Substances Control Act. Separately, we
are shifting EPA's focus to address high-
concern chemicals and filling data gaps
on widely produced chemicals in
commerce. EPA has released the first-
ever chemical management plans for
five groups of substances, and more
plans are underway. Using our
streamlined Integrated Risk Information
System, we will continue strong
progress toward rigorous, peer-reviewed
health assessments on dioxins, arsenic,
formaldehyde, TCE, and other
substances of concern.
Cleaning Up Our Communities: EPA
has made strong cleanup progress by
accelerating our Superfund program and
confronting significant local
environmental challenges like the
asbestos public health emergency in
Libby, Montana, and the coal ash spill
in Kingston, Tennessee. Using all the
tools at our disposal, including
enforcement and compliance efforts, we
will continue to focus on making
communities safer and healthier. EPA is
maximizing the potential of the
brownfields program to spur
environmental cleanup and job creation,
particularly in disadvantaged
communities. We are also developing
enhanced strategies for risk reduction in
our Superfund program and developing
stronger partnerships with stakeholders
affected by our cleanups.
Protecting America's Waters:
America's waterbodies are imperiled as
never before. Water quality and
enforcement programs face complex
challenges, from nutrient loadings and
stormwater runoff to invasive species
and drinking water contaminants. These
challenges demand both traditional and
innovative strategies. EPA continues its
work on comprehensive watershed
protection programs for the Chesapeake
Bay and Great Lakes. We have initiated
measures to address post-construction
runoff, water quality impairment from
surface mining, and stronger drinking
water protection. Recovery Act funding
is expanding construction of water
infrastructure, and we are working with
states to develop nutrient limits.
Expanding the Conversation on
Environmentalism and Working for
Environmental Justice: We have begun
a new era of outreach and protection for
communities historically
underrepresented in EPA
decisionmaking. EPA seeks strong
working relationships with tribes,
communities of color, economically
distressed cities and towns, young
people, and others. It is our goal to
include environmental justice
principles in all of our decisions. The
protection of vulnerable subpopulations
is a top priority, especially with regard
to children.
Building Strong State and Tribal
Partnerships: States and tribal nations
bear important responsibilities for the
day-to-day mission of environmental
protection, but declining tax revenues
and fiscal challenges are pressuring
State agencies and tribal governments to
do more with fewer resources. Strong
partnerships and accountability are
more important than ever. EPA supports
State and tribal capacity and, through
strengthened oversight, is working to
ensure that programs are consistently
delivered nationwide. Where
appropriate, we use our expertise and
capacity to bolster State and tribal
efforts.
EPA's strength has always been our
ability to adapt to the constantly
changing face of environmental
protection as our economy and society
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evolve, and science teaches us more
about how humans interact with and
affect the natural world. Now, more
than ever, EPA must be innovative and
forward looking because the
environmental challenges faced by
Americans all across our country are
unprecedented.
Besides the fundamental
environmental laws authorizing EPA
actions such as the Clean Air Act and
Clean Water Act, there are legal
requirements that apply to the issuance
of regulations that are generally
contained in the Administrative
Procedure Act, the Regulatory
Flexibility Act as amended by the Small
Business Regulatory Enforcement
Fairness Act, the Unfunded Mandates
Reform Act, the Paperwork Reduction
Act, the National Technology Transfer
and Advancement Act, and the
Congressional Review Act. We also
must meet a number of requirements
contained in Executive Orders 12866
(Regulatory Planning and Review; 58 FR
51735; October 4, 1993), 12898
(Environmental Justice; 59 FR 7629;
February 16, 1994), 13045 (Children's
Health Protection; 62 FR 19885; April
23, 1997), 13132 (Federalism; 64 FR
43255; August 10, 1999), 13175
(Consultation and Coordination with
Indian Tribal Governments; 65 FR
67249; November 9, 2000), 13211
(Actions Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use; 66 FR 28355; May
22, 2001).
C. How Can You Be Involved in EPA's
Rule and Policymaking Process?
You can make your voice heard by
getting in touch with the contact person
provided in each agenda entry. We urge
you to participate as early in the process
as possible. You may also participate by
commenting on proposed rules that we
publish in the Federal Register (FR).
Information on submitting comments
to the rulemaking docket is provided in
each of our Notices of Proposed
Rulemaking (NPRMs), and we always
accept comments through the
\vwf\v.regulations.gov electronic docket.
To be most effective, comments should
contain information and data that
support your position, and you also
should explain why we should
incorporate your suggestion in the rule
or nonregulatory action. You can be
particularly helpful and persuasive if
you provide examples to illustrate your
concerns and offer specific alternatives.
We believe our actions will be more
cost-effective and protective if our
development process includes
stakeholders working with us to identify
the most practical and effective
solutions to problems, and we stress this
point most strongly in all of our training
programs for rule and policy developers.
Democracy gives real power to
individual citizens, but with that power
comes responsibility. We urge you to
become involved in EPA's rule and
policymaking process. For more
information about public involvement
in EPA activities, please visit
wfwfwr.epa.gov/publicinvolvement.
D. What Actions Are Included in the E-
Agenda and the Regulatory Flexibility
Agenda?
EPA includes regulations and certain
major policy documents in the e-
Agenda. However, there is no legal
significance to the omission of an item
from the agenda, and we generally do
not include minor amendments or the
following categories of actions:
• Administrative actions such as
delegations of authority, changes of
address, or phone numbers;
• Under the Clean Air Act: Revisions to
State Implementation Plans;
Equivalent Methods for Ambient Air
Quality Monitoring; Deletions from
the New Source Performance
Standards source categories list;
Delegations of Authority to States;
Area Designations for Air Quality
Planning Purposes;
• Under the Federal Insecticide,
Fungicide, and Rodenticide Act:
Registration-related decisions, actions
affecting the status of currently
registered pesticides, and data call-
ins;
• Under the Federal Food, Drug, and
Cosmetic Act: Actions regarding
pesticide tolerances and food additive
regulations;
• Under the Resource Conservation and
Recovery Act: Authorization of State
solid waste management plans;
hazardous waste delisting petitions;
• Under the Clean Water Act: State
Water Quality Standards; deletions
from the section 307(a) list of toxic
pollutants; suspensions of toxic
testing requirements under the
National Pollutant Discharge
Elimination System (NPDES);
delegations of NPDES authority to
States;
• Under the Safe Drinking Water Act:
Actions on State underground
injection control programs.
The Regulatory Flexibility Agenda
normally includes:
• Actions likely to have a significant
economic impact on a substantial
number of small entities.
• Rules the Agency has identified for
periodic review under section 610 of
the Regulatory Flexibility Act. There
are three rules for 610 review in
spring 2010.
E. How Is the E-Agenda Organized?
You can now choose how both the
wfwfwf.reginfo.gov and
www.regulations.gov versions of the e-
Agenda are organized. Current choices
include: EPA subagency; stage of
rulemaking, explained below;
alphabetically by title; and by the
Regulation Identifier Number (RIN),
which is assigned sequentially when an
action is added to the agenda.
Stages of rulemaking include:
1. Prerulemaking—Prerulemaking
actions are generally intended to
determine whether EPA should
initiate rulemaking. Prerulemakings
may include anything that influences
or leads to rulemaking, such as
Advance Notices of Proposed
Rulemaking (ANPRMs), significant
studies or analyses of the possible
need for regulatory action,
announcement of reviews of existing
regulations required under section
610 of the Regulatory Flexibility Act,
requests for public comment on the
need for regulatory action, or
important preregulatory policy
proposals.
2. Proposed Rule—This section includes
EPA rulemaking actions that are
within a year of proposal (publication
of Notices of Proposed Rulemakings
(NPRMs)).
3. Final Rule—This section includes
rules that will be issued as a final rule
within a year.
4. Long-Term Actions—This section
includes rulemakings for which the
next scheduled regulatory action is
after April 2011.
5. Completed Actions—This section
contains actions that have been
promulgated and published in the
Federal Register since publication of
the fall 2009 agenda. It also includes
actions that EPA is no longer
considering. If an action appears in
the completed section, it will not
appear in future agendas unless we
decide to initiate action again, in
which case it will appear as a new
entry. EPA also announces the results
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Spring 2010 Semiannual Regulatory Agenda
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of the Regulatory Flexibility Act
section 610 reviews in this section of
the agenda.
F. What Information Is in the
Regulatory Flexibility Agenda and the
E-Agenda?
Regulatory Flexibility Agenda entries
include:
Sequence Number, RIN, Title,
Description, Statutory Authority,
Section 610 Review, if applicable,
Regulatory Flexibility Analysis
Required, Schedule, Contact Person.
E-Agenda entries include:
Title: Titles for new entries (those that
have not appeared in previous agendas)
are preceded by a bullet (•). The
notation "Section 610 Review" follows
the title if we are reviewing the rule as
part of our periodic review of existing
rules under section 610 of the
Regulatory Flexibility Act (RFA) (5
U.S.C. 610).
Priority: Entries are placed into one of
five categories described below. OMB
reviews all significant rules including
both of the first two categories,
"economically significant" and "other
significant."
Economically Significant: Under E.O.
12866, a rulemaking action that may
have an annual effect on the economy
of $100 million or more, or adversely
affect in a material way the economy, a
sector of the economy, productivity,
competition, jobs, the environment,
public health or safety, or State, local,
or tribal governments or communities.
Other Significant: A rulemaking that
is not economically significant but is
considered significant for other reasons.
This category includes rules that may:
1. Create a serious inconsistency or
otherwise interfere with an action
taken or planned by another agency;
2. Materially alter the budgetary impact
of entitlements, grants, user fees, or
loan programs, or the rights and
obligations of recipients; or
3. Raise novel legal or policy issues
arising out of legal mandates, the
President's priorities, or the
principles in Executive Order 12866.
Substantive, Nonsignificant: A
rulemaking that has substantive impacts
but is not Significant, Routine and
Frequent, or
Informational/Administrative/Other.
Routine and Frequent: A rulemaking
that is a specific case of a recurring
application of a regulatory program in
the Code of Federal Regulations (e.g.,
certain State Implementation Plans,
National Priority List updates,
Significant New Use Rules, State
Hazardous Waste Management Program
actions, and Tolerance Exemptions). If
an action that would normally be
classified Routine and Frequent is
reviewed by the Office of Management
and Budget under E.O. 12866, then we
would classify the action as either
"Economically Significant" or "Other
Significant."
Informational/Administrative/Other:
An action that is primarily
informational or pertains to an action
outside the scope of E.O. 12866.
Also, if we believe that a rule may be
"Major" as defined in the Congressional
Review Act (5 U.S.C. 801, et seq.)
because it is likely to result in an annual
effect on the economy of $100 million
or more or meets other criteria specified
in this law, we indicate this under the
"Priority" heading with the statement
"Major under 5 USC 801."
Legal Authority: The sections of the
United States Code (USC), Public Law
(PL), Executive Order (EO), or common
name of the law that authorizes the
regulatory action.
CFR Citation: The sections of the
Code of Federal Regulations that would
be affected by the action.
Legal Deadline: An indication of
whether the rule is subject to a statutory
or judicial deadline, the date of that
deadline, and whether the deadline
pertains to a Notice of Proposed
Rulemaking, a Final Action, or some
other action.
Abstract: A brief description of the
problem the action will address.
Timetable: The dates (and citations)
that documents for this action were
published in the Federal Register and,
where possible, a projected date for the
next step. Projected publication dates
frequently change during the course of
developing an action. The projections in
the agenda are our best estimates as of
the date we submit the agenda for
publication. For some entries, the
timetable indicates that the date of the
next action is "to be determined."
Regulatory Flexibility Analysis
Required: Indicates whether EPA has
prepared or anticipates that it will be
preparing a regulatory flexibility
analysis under section 603 or 604 of the
RFA. Generally, such an analysis is
required for proposed or final rules
subject to the RFA that EPA believes
may have a significant economic impact
on a substantial number of small
entities.
Small Entities Affected: Indicates
whether we expect the rule to have any
effect on small businesses, small
governments, or small nonprofit
organizations.
Government Levels Affected: Indicates
whether we expect the rule to have any
effect on levels of government and, if so,
whether the governments are State,
local, tribal, or Federal.
Federalism Implications: Indicates
whether the action is expected to have
substantial direct effects on the States,
on the relationship between the
National Government and the States, or
on the distribution of power and
responsibilities among the various
levels of government.
Unfunded Mandates: Section 202 of
the Unfunded Mandates Reform Act
generally requires an assessment of
anticipated costs and benefits if a rule
includes a mandate that may result in
expenditures of more than $100 million
in any one year by State, local, and
tribal governments, in the aggregate, or
by the private sector. If we expect to
exceed this $100 million threshold, we
note it in this section.
Energy Impacts: Indicates whether the
action is a significant energy action
under E.O. 13211.
International Trade Impacts: Indicates
whether the action is likely to have
international trade or investment effects,
or otherwise be of international interest.
Agency Contact: The name, address,
phone number, and e-mail address, if
available, of a person who is
knowledgeable about the regulation.
SAN Number: An identification
number that EPA uses to track
rulemakings and other actions under
development.
URLs: For some of our actions, we
include the Internet addresses for
reading copies of rulemaking
documents, submitting comments on
proposals, and getting more information
about the rulemaking and the program
of which it is a part. (Note: To submit
comments on proposals, you can go to
our electronic docket, which is at
\vwf\v.regulations.gov. Once there,
follow the online instructions to access
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the docket and submit comments. A
docket identification (ID) number will
assist in the search for materials. We
include this number in the additional
information section of many of the
agenda entries that have already been
proposed.)
RIN: The Regulation Identifier
Number is used by OMB to identify and
track rulemakings. The first four digits
of the RIN stand for the EPA office with
lead responsibility for developing the
action.
G. How Can I Find Out About
Rulemakings That Start Up After the
Regulatory Agenda Is Signed?
EPA posts monthly information of
new rulemakings that the Agency's
senior managers have decided that we
should develop. We also distribute this
list via e-mail. You can see the current
list, which we call the Action Initiation
List at
http://www.epa.gov/lawsregs/search/
ail.html where you will also find
information about how to get an e-mail
notification when a new list is posted.
H. What Tools for Mining Regulatory
Agenda Data and for Finding More
About EPA Rules and Policies Are
Available at Reginfo.gov, EPA.gov, and
Regulations.gov?
1. The http://www.reginfo.gov/
Searchable Database
The Regulatory Information Service
Center and Office of Information and
Regulatory Affairs have revised a
Federal regulatory dashboard and
continue to allow users to view the
Regulatory Agenda database
(http://www.reginfo.gov/public/do/
eAgendaMain), which includes
powerful search, display and data
transmission options. At that site you
can:
1. See the preamble. At the URL listed
above for the Unified Agenda and
Regulatory Plan, find "Current
Agenda Agency Preambles."
Environmental Protection Agency is
listed alphabetically under "Other
Executive Agencies."
2. Get a complete list ofEPA's entries
in the current edition of the Agenda.
Use the drop-down menu in the
"Select Agency" box to find
Environmental Protection Agency and
"Submit."
3. View the contents of all ofEPA's
entries in the current edition of the
Agenda. Choose "Agenda/Regulatory
Plan Search" in the top right corner.
Within the "Agenda/Regulatory Plan
Search" screen, open "Advanced
Search," then "Continue." Select
"Environmental Protection Agency"
and "Continue." Select "Search,"
then "View All RIN Data (Max 350)."
4. Get a listing of entries with specified
characteristics. Follow the procedure
described immediately above for
viewing the contents of all entries, but
on the screen entitled "Advanced
Search - Select Additional Fields,"
choose the characteristics you are
seeking before "Search." For example,
if you wish to see a listing of all
economically significant actions that
may have a significant economic
impact on a substantial number of
small businesses, you would check
"Economically Significant" under
"Priority" and "Business" under
"Regulatory Flexibility Analysis
Required."
5. Download the results of your
searches in XML format.
2. Subject Matter EPA Web sites
Some actions listed in the Agenda
include a URL that provides additional
information.
3. Public Dockets
When EPA publishes either an
Advanced Notice of Proposed
Rulemaking (ANPRM) or a NPRM in the
Federal Register, the Agency typically
establishes a docket to accumulate
materials throughout the development
process for that rulemaking. The docket
serves as the repository for the
collection of documents or information
related to a particular Agency action or
activity. EPA most commonly uses
dockets for rulemaking actions, but
dockets may also be used for Regulatory
Flexibility Act section 610 reviews of
rules with significant economic impacts
on a substantial number of small entities
and for various nonrulemaking
activities, such as Federal Register
documents seeking public comments on
draft guidance, policy statements,
information collection requests under
the Paperwork Reduction Act, and other
non-rule activities. Docket information
should be in that action's agenda entry.
All of EPA's public dockets can be
located at www.regulations.gov.
4. EPA's Rulemaking Gateway
EPA's newly released online
Rulemaking Gateway
(www.epa.gov/rulemaking/) serves as a
portal to EPA's priority rules, providing
you with earlier and more concise
information about Agency regulations. It
also allows users to search for EPA rules
that relate to specific interests,
including impacts on small business;
children's health; environmental justice;
and State, local, and tribal government.
The Rulemaking Gateway provides
information as soon as work begins and
provides updates on a monthly basis as
new information becomes available.
Time-sensitive information, such as
notice of public meetings, is updated on
a daily basis. Not all of EPA's regulatory
agenda entries appear on the
Rulemaking Gateway; only priority
rulemakings can be found on the
Gateway. You may access a definition of
"priority rulemakings" here:
http://yosemite.epa.gov/
opei/RuleGate.nsf/content/
about.html?opendocument
I. Reviews of Rules With Significant
Impacts on a Substantial Number of
Small Entities
Section 610 of the RFA requires that
an agency review, within 10 years of
promulgation, each rule that has or will
have a significant economic impact on
a substantial number of small entities.
EPA has three rules scheduled for 610
review in spring 2010.
Rule Being Reviewed
RIN
Docket ID
National Primary Drinking Water Regulations: Radionuclides (Section
610 Review)
Effluent Guidelines and Standards for the Centralized Waste Treatment
Industry (Section 610 Review)
2040-AF19
2040-AF18
EPA-HQ-OW-2010-0166
EPA-HQ-OW-2010-0169
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Rule Being Reviewed
Tier II Light-Duty Vehicle and Light-Duty Truck Emission Standards and
Gasoline Sulfur Standards (Section 610 Review)
RIN
2060-AQ12
Docket ID
EPA-HQ-OAR-201 0-0052
EPA has established official public
dockets for these 610 Reviews under the
docket dentification (ID) numbers as
indicated above. All documents in the
dockets are listed on the
www.regulations.gov Web site.
Although listed in the index, some
information is not publicly available;
e.g., confidential business information
(CBI) or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
www.regulations.gov or in hard copy at
the applicable program (Water or Air)
docket, EPA/DC, EPA West, Room 3334,
1301 Constitution Avenue NW.,
Washington, DC 20460. The Public
Reading Room is open from 8:30 a.m. to
4:30 p.m., Monday through Friday,
excluding legal holidays. The telephone
number for the Public Reading Room is
(202) 566-1744. Unless otherwise
indicated, please direct your comments
to the identified docket ID number for
the specific 610 Review item. For these
610 Reviews, please DO NOT submit
CBI or information that is otherwise
protected by statute. You may submit
comments using one of the following
methods:
1. Electronically. Go directly to
\vwf\v.regulations.gov and find
"Advanced Docket Search." Enter the
appropriate docket ID number. The
system is an "anonymous access"
system, which means EPA will not
know your identity, e-mail address, or
other contact information unless you
provide it in the body of your comment.
If you do submit an electronic comment,
EPA recommends that you include your
name, mailing address, and an e-mail
address or other contact information in
the body of your comment. EPA's policy
is that EPA will not edit your comment,
and any identifying or contact
information provided in the body of a
comment will be included as part of the
comment that is placed in the official
public docket and made available in
EPA's electronic public docket.
2. By Mail. Send your comments to:
EPA Docket Center (EPA/DC),
Environmental Protection Agency,
Docket # [insert applicable docket
number], 1200 Pennsylvania Avenue
NW., Washington, DC 20460.
3. By Hand Delivery or Courier.
Deliver your comments, identified by
the Docket # [insert applicable docket
number], to: EPA Docket Center
(EPA/DC), EPA West, Room 3334, 1301
Constitution Avenue NW., Washington,
DC 20460. The EPA Docket Center
Public Reading Room is open from 8:30
a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The
telephone number for the Reading Room
is (202) 566-1744. Such deliveries are
only accepted during the docket center's
normal hours of operation as identified
above. For more information on EPA's
docket center, please visit
http://www.epa.gov/epahome/
dockets.htm.
Please ensure that your comments are
submitted within the specified comment
period. Comments received after the
close of the comment period will be
marked "late." EPA is not required to
consider these late comments. For this
action, please DO NOT submit CBI or
information that is otherwise protected
by statute.
J. What Other Special Attention Do
We Give to the Impacts of Rules on
Small Businesses, Small Governments,
and Small Nonprofit Organizations?
For each of our rulemakings, we
consider whether there will be any
adverse impact on any small entity. We
attempt to fit the regulatory
requirements, to the extent feasible, to
the scale of the businesses,
organizations, and governmental
jurisdictions subject to the regulation.
Under RFA/SBREFA (the Regulatory
Flexibility Act as amended by the Small
Business Regulatory Enforcement
Fairness Act), the Agency must prepare
a formal analysis of the potential
negative impacts on small entities,
convene a Small Business Advocacy
Review Panel (proposed rule stage), and
prepare a Small Entity Compliance
Guide (final rule stage) unless the
Agency certifies a rule will not have a
significant economic impact on a
substantial number of small entities. For
more detailed information about the
Agency's policy and practice with
respect to implementing RFA/SBREFA,
please visit the RFA/SBREFA Web site
at http://www.epa.gov/sbrefa/.
For a list of the rules under
development for which a Regulatory
Flexibility Analysis will be required and
for a list of rules under development
that may affect small entities, but not
significantly affect a substantial number
of them, go to:
http://www.regulations.gov/
fdmspublic/component/
main?main=UnifiedAgenda.
K. Thank You for Collaborating With
Us
Finally, we would like to thank those
of you who choose to join with us in
solving the complex issues involved in
protecting human health and the
environment. Collaborative efforts such
as EPA's open rulemaking process are a
valuable tool for addressing the
problems we face, and the regulatory
agenda is an important part of that
process.
Dated: February 25, 2010.
Louise Wise,
Deputy Associate Administrator, Office of
Policy, Economics, and Innovation.
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EPA
Spring 2010 Semiannual Regulatory Agenda
GENERAL—Proposed Rule Stage
Sequence
Number
Title
Regulation
Identifier
Number
570
SAN No. 5121. Age Discrimination Regulations—EPA-Assisted Programs—Age Discrimination Act of 1975
2090-AA37
GENERAL—Final Rule Stage
Sequence
Number
Title
Regulation
Identifier
Number
571 SAN No. 5325 Technical Corrections to Title 40 To Conform to the Civil Monetary Penalty Inflation Adjustment
Rule
572 SAN No. 5262 Waste Energy Recovery Registry
573 SAN No. 5291 Supplemental Standards of Ethical Conduct for Employees of the Environmental Protection Agen-
cy
2020-AA49
2060-AP14
2015-AA01
CLEAN AIR ACT—Prerule Stage
Sequence
Number
Title
Regulation
Identifier
Number
574 SAN No. 5168 New Source Performance Standards (NSPS) Review
575 SAN No. 5373 Lead Emissions From Piston-Engine Aircraft Using Leaded Aviation Gasoline
576 SAN No. 5432 Tier II Light-Duty Vehicle and Light-Duty Truck Emission Standards and Gasoline Sulfur Standards
(Section 610 Review)
2060-AO60
2060-AP79
2060-AQ12
CLEAN AIR ACT—Proposed Rule Stage
Sequence
Number
Title
Regulation
Identifier
Number
577 SAN No. 5269 Revision to Definition of Volatile Organic Compounds—Exclusion of Methyl Iodide 2060-AP22
578 SAN No. 4266 Review of the National Ambient Air Quality Standards for Carbon Monoxide 2060-AI43
579 SAN No. 5169 Review of the National Ambient Air Quality Standards for Particulate Matter 2060-AO47
580 SAN No. 4752.5 Decision To Allow States Up to 3 Years To Revise Implementation Plans for PM2.5; Proposal To
Revise the Interpollutant Trading Policy for PM2.5 Offsets 2060-AP72
581 SAN No. 5036 Petroleum Refineries—New Source Performance Standards (NSPS)—Subparts J and Ja 2060-AN72
582 SAN No. 5281 NESHAP Subpart W: Standards for Radon Emissions From Operating Uranium Mill Tailings: Re-
view 2060-AP26
583 SAN No. 4531 Evaluation of Updated Test Procedures for the Certification of Gasoline Deposit Control Additives 2060-AJ61
584 SAN No. 5017 Protection of Stratospheric Ozone: Amending Requirements To Import Ozone-Depleting Sub-
stances for Destruction in the U.S 2060-AN48
585 SAN No. 4856 Protection of Stratospheric Ozone: Amendments to the Leak Repair Regulations 2060-AM09
586 SAN No. 4991 Protection of Stratospheric Ozone: Revision to Listing of Carbon Dioxide Total Flooding Fire Extin-
guishing Systems Restricting Use to Only Unoccupied Areas 2060-AN30
587 SAN No. 5339 Protection of Stratospheric Ozone: Listing of Substitutes for Ozone-Depleting Substances-Hydro-
carbon Refrigerants 2060-AP54
588 SAN No. 5155 Measurement of PM2.5 and PM10 Emissions by Dilution Sampling 2060-AO50
589 SAN No. 5237 Revisions to Test Method for Determining Stack Gas Velocity Taking Into Account Velocity Decay
Near the Stack Walls 2060-AP08
590 SAN No. 4988 NESHAP: Polyvinyl Chloride and Copolymers Production, Amendments 2060-AN33
591 SAN No. 4633 Performance-Based Measurement System For Fuels: Criteria For Self-Qualifying Alternative Test
Methods; Description of Optional Statistical Quality Control Measures 2060-AK03
592 SAN No. 4884 National Emission Standards for Hazardous Air Pollutants for Area Sources: Industrial, Commer-
cial, and Institutional Boilers 2060-AM44
593 SAN No. 4926 NESHAP: Defense Land Systems and Miscellaneous Equipment 2060-AM84
594 SAN No. 4699.2 Implementing Periodic Monitoring in Federal and State Operating Permit Programs 2060-ANOO
595 SAN No. 4970 Standards of Performance for New Stationary Sources, Emission Guidelines for Existing Sources,
and Federal Plan: Small Municipal Waste Combustors: Remand Response and Amendments 2060-AN17
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EPA
Spring 2010 Semiannual Regulatory Agenda
CLEAN AIR ACT—Proposed Rule Stage (Continued)
Sequence
Number
Title
Regulation
Identifier
Number
596 SAN No. 5095 NESHAP: Mercury Cell Chlor-Alkali Plants, Amendments 2060-AN99
597 SAN No. 5106 National Emission Standards for Hazardous Air Pollutants: Shipbuilding and Ship Repair (Surface
Coating) Operations—Amendment 2060-AO03
598 SAN No. 5105 Commercial and Industrial Solid Waste Incineration Units; Response to Remand of New Source
Performance Standards and Emission Guidelines 2060-AO12
599 SAN No. 5131 Revision to Definition of Volatile Organic Compounds—Exclusion of Family of Four
Hydrofluoropolyethers(HFPEs) and HFE-347pc-f 2060-AO17
600 SAN No. 5120 Response to Request for Reconsideration of Final Air Emission MACT Rules for Large Municipal
Waste Combustors (MWCs) 2060-AO18
601 SAN No. 5153 Adoption of International NOx Standard for Aircraft Engines 2060-AO70
602 SAN No. 5232 NESHAP: Reinforced Plastic Composites Production Rule Amendments 2060-AP05
603 SAN No. 5233 New Source Performance Standards for Grain Elevators—Amendments 2060-AP06
604 SAN No. 5261 Regulation of Fuel and Fuel Additives: Gasoline and Diesel Fuel Test Methods 2060-AP17
605 SAN No. 5275 Implementation Rule for a Reconsidered Ozone NAAQS in 2010 2060-AP24
606 SAN No. 5194.2 Implementation of the 1997 8-hour Ozone National Ambient Air Quality Standard: NSR Anti-
Backsliding 2060-AP30
607 SAN No. 5035.2 NSPS Equipment Leaks; Amendments 2060-AP34
608 SAN No. 5318 In-Use Emissions Testing for Nonroad Diesel Engines and Amendments to General Compliance
Provisions for Nonroad Engines 2060-AP41
609 SAN No. 5329 National Emissions Standard for Hazardous Air Pollutants for Gold Mine Ore Processing 2060-AP48
610 SAN No. 5336 Transport Rule (CAIR Replacement Rule) 2060-AP50
611 SAN No. 5349 National Emission Standards for Hazardous Air Pollutants for Coal- and Oil-Fired Electric Utility
Steam Generating Units 2060-AP52
612 SAN No. 5348 Transportation Conformity Rule Restructuring Amendments 2060-AP57
613 SAN No. 5355 Control of Greenhouse Gas Emissions From Heavy-Duty Vehicles 2060-AP61
614 SAN No. 5357 Emissions Factors Program Improvements 2060-AP63
615 SAN No. 5359 Regulations for Alternative Fuel Conversions 2060-AP64
616 SAN No. 5364 Alternative Work Practices for Leak Detection and Repair; Amendments 2060-AP66
617 SAN No. 5365 Compression Ignition Engine NSPS; Amendments 2060-AP67
618 SAN No. 5076.1 Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR):
Reasonable Possibility in Recordkeeping; Reconsideration 2060-AP71
619 SAN No. 4793.2 Reconsideration of the Prevention of Significant Deterioration and Nonattainment New Source
Review NSR: Aggregation 2060-AP80
620 SAN No. 5386 Carbon Dioxide Injection and Geologic Sequestration Reporting Rule 2060-AP88
621 SAN No. 5388 Federal Reference Method for Lead in Total Suspended Particulate Matter 2060-AP89
622 SAN No. 5392 NSPS/Emission Guidelines (EG) for Sewage Sludge Incinerators 2060-AP90
623 SAN No. 5395 Requirements for Control Technology Determinations for Major Sources in Accordance With Clean
Air Act Sections 2060-AP91
624 SAN No. 5394 Protection of Stratospheric Ozone: The 2011 Critical Use Exemption From the Phaseout of Methyl
Bromide 2060-AP92
625 SAN No. 5389 National Emission Standards for Hazardous Air Pollutant Emissions: Group I Polymers and Resins
and Marine Vessel Loading Operations (Risk and Technology Review) 2060-AP95
626 SAN No. 5397 Startup, Shutdown, and Malfunction Amendments to Part 63 Standards 2060-AP96
627 SAN No. 5399 Oil and Natural Gas Systems Greenhouse Gas Reporting Rule 2060-AP99
628 SAN No. 5400 Greenhouse Gas Reporting Rule for Additional Sources of Fluorinated GHGs 2060-AQOO
629 SAN No. 5402 Revisions to Test Methods and Testing Regulations 2060-AQ01
630 SAN No. 5406 Corporate Parent and NAICS Code in the Greenhouse Gas Mandatory Reporting Rule Require-
ments 2060-AQ02
631 SAN No. 5242.2 Determination of Confidential Business Information Collected Under the GHG Mandatory Report-
ing Program 2060-AQ04
632 SAN No. 5407 Revisions to In-Use Testing for Heavy-Duty Diesel Engines and Vehicles; Emissions Measurement
and Instrumentation; Not-To-Exceed Emission Standards; and Technical Amendments for Off-Highway Engines .. 2060-AQ05
633 SAN No. 5409 Amendments to the Protocol Gas Verification Program, and Minimum Competency Requirements
for Air Emission Testing 2060-AQ06
634 SAN No. 5411 RACT Issues for Implementation of the 1997 PM2.5 and Ozone NAAQS 2060-AQ07
635 SAN No. 5412 Action To Ensure Authority of State and Local Air Permit Programs To Regulate All Pollutants
Elsewhere Subject to Regulation Under the Clean Air Act 2060-AQ08
636 SAN No. 5414 Revisions to Motor Vehicle Fuel Economy Label 2060-AQ09
637 SAN No. 5416 Review of New Source Performance Standards for Nitric Acid Plants 2060-AQ10
-------
EPA
Spring 2010 Semiannual Regulatory Agenda
CLEAN AIR ACT—Proposed Rule Stage (Continued)
Sequence
Number
Title
Regulation
Identifier
Number
638 SAN No. 5433 2011 Renewable Fuel Volume Standards as Required by Energy Independence and Security Act
of 2007 (EISA)
639 SAN No. 5438 Regulation To Prevent the Misfueling of Vehicles and Engines With Gasoline Containing Greater
Than Ten Volume Percent Ethanol and Modifications to the Reformulated and Conventional Gasoline Programs
640 SAN No. 5434 Method 16C for the Determination of Total Reduced Sulfur Emissions From Stationary Sources
641 National Emission Standards for Hazardous Air Pollutants for Major Source Industrial, Commercial, and Institu-
tional Boilers and Process Heaters
2060-AQ16
2060-AQ17
2060-AQ23
2060-AQ25
CLEAN AIR ACT—Final Rule Stage
Sequence
Number
Title
Regulation
Identifier
Number
642 SAN No. 5022 Requirements for Reformulated Gasoline (RFC) Under the 8-Hour Ozone Standard for Bump-Up
Areas Designated Attainment for the 1-Hour Ozone Standard Prior to Revocation 2060-AN63
643 SAN No. 5302 Air Quality Designations and Classifications for the 2008 Ozone National Ambient Air Quality
Standards 2060-AP37
644 SAN No. 5163 Review of the Primary National Ambient Air Quality Standard for Sulfur Dioxide 2060-AO48
645 SAN No. 3975 Review of New Sources and Modifications in Indian Country 2060-AH37
646 SAN No. 4752.4 Implementation of the New Source Review Program for Particulate Matter Less Than 2.5 Mi-
crometers—Repeal of Grandfathering Provision and End Early the PM10 Surrogate Policy 2060-AP75
647 SAN No. 3958 Amendments to Standards of Performance for New Stationary Sources; Monitoring Requirements 2060-AH23
648 SAN No. 4585.1 NESHAP: Portland Cement Notice of Reconsideration 2060-AO15
649 SAN No. 5114 Amendment of Definitions for National Emissions Standards for Hazardous Pollutants for Radio-
nuclides 2060-AO31
650 SAN No. 5016.2 National Emission Standards for Hazardous Air Pollutants: Area Source Standards for Paints
and Allied Products Manufacturing 2060-AQ14
651 SAN No. 4070 Revisions to the General Conformity Regulations 2060-AH93
652 SAN No. 4757.1 Component Durability Procedures for New Light Duty Vehicles, Light Duty Trucks and Heavy
Duty Vehicles 2060-AN01
653 SAN No. 5129 Control of Emissions From New Marine Compression-Ignition Engines At or Above 30 Liters Per
Cylinder 2060-AO38
654 SAN No. 4599 Protection of Stratospheric Ozone: Listing of Substitutes for Ozone-Depleting Substances: N-
Propyl Bromide 2060-AK26
655 SAN No. 4918 Protection of Stratospheric Ozone: Listing of Substitutes in the Motor Vehicle Air Conditioning Sec-
tor Under the Significant New Alternatives Policy (SNAP) Program 2060-AM54
656 SAN No. 5257 Protection of Stratospheric Ozone: New Substitute in the Motor Vehicle Air Conditioning Sector
Under the Significant New Alternatives Policy (SNAP) Program 2060-AP11
657 SAN No. 5146 Addition of Method 208, Protocol for the Source Testing, Analysis, and Reporting of VOC Emis-
sions From Hot Mix Asphalt Plant Dryers 2060-AO51
658 SAN No. 5156 National Emission Standards for Hazardous Air Pollutants: Appendix A—Test Methods 2060-AO53
659 SAN No. 5143 Review of New Source Performance Standards—Portland Cement 2060-AO42
660 SAN No. 5029 Control of Air Pollution From New Motor Vehicles and New Motor Vehicle Engines: SAFETEA-LU
HOV Facilities Rule 2060-AN68
661 SAN No. 5068 Prevention of Significant Deterioration for PM2.5—Increments, Significant Impact Levels, and Sig •
nificant Monitoring Concentrations 2060-AO24
662 SAN No. 5147 Methods for Measurement of Filterable PM10 and PM2.5 and Measurement of Condensable Par-
ticulate Matter Emissions From Stationary Sources 2060-AO58
663 SAN No. 5154. Regulation of Fuels and Fuel Additives: Alternative Affirmative Defense Requirements for Ultra-
Low Sulfur Diesel and Gasoline Benzene Technical Amendment 2060-AO71
664 SAN No. 5194 Implementation of the 1997 8-Hr Ozone NAAQS: Classification of Subpart 1 Areas and Revision to
Anti-Backsliding Provisions; Deletion of Obsolete 1-Hr Ozone Standard Provisions 2060-AO96
665 SAN No. 5259 Ambient Ozone Monitoring Regulations: Revisions to Network Design Requirements 2060-AP15
666 SAN No. 5260 NESHAP: Gasoline Distribution; Amendments—Area Source Standard 2060-AP16
667 SAN No. 5273 Restructuring of the Stationary Source Audit Program 2060-AP23
668 SAN No. 5286 Transportation Conformity PM2.5 and PM10 Amendments 2060-AP29
669 SAN No. 5344 EPA/NHTSA Joint Rulemaking To Establish Light-Duty Greenhouse Gas Emission Standards and
Corporate Average Fuel Economy Standards 2060-AP58
10
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EPA
Spring 2010 Semiannual Regulatory Agenda
CLEAN AIR ACT—Final Rule Stage (Continued)
Sequence
Number
Title
Regulation
Identifier
Number
670
671
672
673
674
675
676
677
678
679
680
SAN No. 5345 Protection of Stratospheric Ozone: Allocation of Essential Use Allowances for Calendar Year 2010
SAN No. 5356 Protection of Stratospheric Ozone: The 2010 Critical Use Exemption From the Phaseout of Methyl
Bromide
SAN No. 5370 Revision to Pb Ambient Air Monitoring Requirements
SAN No. 5372 Air Quality Designations for the 2008 Lead National Ambient Air Quality Standards
SAN No. 5192 Prevention of Significant Deterioration/Title V Greenhouse Gas Tailoring Rule
SAN No. 5405 Reconsideration of the 2008 Ozone National Ambient Air Quality Standards
SAN No. 5242.1 Regulation To Establish Mandatory Reporting of GHGs From Industrial Landfills, Wastewater,
Underground Coal Mines, and Magnesium Production
SAN No. 5300.1 National Emission Standards for Hazardous Air Pollutants for Reciprocating Internal Combustion
Engines—Existing Stationary Spark Ignition (Gas-Fired)
SAN No. 5437 Minor Harmonizing Changes to General Provisions of the GHG Mandatory Reporting Rule
SAN No. 5446 Technical Amendments for Marine Spark-Ignition Engines and Vessels
SAN No. 5147.1 Implementation of the New Source Review Program for Particulate Matter (PM) Less Than 2.5
Micrometers—Ending of NSR Transition Period for Condensable PM
2060-AP59
2060-AP62
2060-AP77
2060-AP78
2060-AP86
2060-AP98
2060-AQ03
2060-AQ13
2060-AQ15
2060-AQ18
2060-AQ21
CLEAN AIR ACT—Long-Term Actions
Sequence
Number
Title
Regulation
Identifier
Number
681 SAN No. 5436 Standards of Performance for New Stationary Sources and Emissions Guidelines for Existing
Sources: Hospital/Medical/lnfectious Waste Incinerators; Amendments 2060-AQ24
682 SAN No. 5170 Review of the Secondary National Ambient Air Quality Standards for Oxides of Nitrogen and Ox-
ides of Sulfur 2060-A072
683 SAN No. 5306 Review of the National Ambient Air Quality Standards for Ozone 2060-AP38
684 SAN No. 5011 Federal Plan Requirements for Other Solid Waste Incineration Units Constructed on or Before De-
cember 9, 2004 2060-AN43
685 SAN No. 4719 NESHAP: General Provisions; Amendments for Pollution Prevention Alternative Compliance Re-
quirements 2060-AK54
686 SAN No. 4751 National Emission Standards for Hazardous Air Pollutants for Stationary Combustion Turbines—
Petition To Delist 2060-AK73
687 SAN No. 4782 Petition To Delist Hazardous Air Pollutant: 4,4'-Methylene Diphenyl Diisocyanate 2060-AK84
688 SAN No. 4849 Petition To Delist a Hazardous Air Pollutant From Section 112 of the Clean Air Act: Methyl Isobutyl
Ketone (MIBK) 2060-AM20
689 SAN No. 4309 National VOC Emission Standards for Consumer Products; Amendments 2060-AI62
690 SAN No. 4604 Modification of the Anti-Dumping Baseline Date Cut-Off Limit for Data Used in Development of an
Individual Baseline 2060-AJ82
691 SAN No. 4819 Protection of Stratospheric Ozone: Process for Exempting Emergency Uses of Methyl Bromide 2060-AL94
692 SAN No. 4916 Protection of Stratospheric Ozone: Certification of Recovery and Recovery/Recycling Equipment
Intended for Use With Substitute Refrigerants 2060-AM49
693 SAN No. 4901 Protection of Stratospheric Ozone: Modifications to the Technician Certification Requirements
Under Section 608 of the Clean Air Act 2060-AM55
694 SAN No. 5151 Protection of Stratospheric Ozone: Labeling of Products Using HCFCs 2060-AO68
695 SAN No. 4607 Accidental Release Prevention Requirements: Risk Management Programs Under the Clean Air
Act; Availability of Information to the Public; Technical Amendment 2050-AE95
696 SAN No. 3380 NSPS: SOCMI—Wastewater and Amendments 2060-AE94
697 SAN No. 4348 Inspection/Maintenance Program Requirements for Federal Facilities; Amendment 2060-AI97
698 SAN No. 4584 Performance Specifications for Continuous Parameter Monitoring Systems 2060-AJ86
699 SAN No. 4706 Anti-Dumping Baseline Recalculation for Downstream Oxygenate Addition 2060-AK69
700 SAN No. 4797 Lifting the Stay of the 8-Hour Portion of the Findings of Significant Contribution and Rulemaking
for Purposes of Reducing Interstate Ozone Transport ("NOx SIP Call") 2060-AL84
701 SAN No. 4846 NSPS for Municipal Solid Waste Landfills 2060-AM08
702 SAN No. 4908 NESHAP: General Provisions (Once In Always In)—Amendments 2060-AM75
703 SAN No. 4929 NESHAP: Taconite Iron Ore Processing; Amendments 2060-AM87
704 SAN No. 4866.1 NESHAP: Site Remediation Amendments—Response to Litigation 2060-AN36
705 SAN No. 5079 Improving Implementation of the Operating Permit Rules in Response to CAAA Committee Rec-
ommendations 2060-AN93
11
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EPA
Spring 2010 Semiannual Regulatory Agenda
CLEAN AIR ACT—Long-Term Actions (Continued)
Sequence
Number
Title
Regulation
Identifier
Number
706 SAN No. 48911 NESHAP: Miscellaneous Organic Chemical Manufacturing—Amendments 2060-AO07
707 SAN No. 5093.1 Petroleum Refinery Residual Risk Standards 2060-AO55
708 SAN No. 5185 Plywood and Composite Wood Products (PCWP) NESHAP—Proposed and Final Amendments To
Address "No Emission Reduction" MACT Floors 2060-AO66
709 SAN No. 5206 Protection of the Stratospheric Ozone: Motor Vehicle Air Conditioning System Servicing 2060-AO75
710 SAN No. 5093.2 Risk and Technology Review—Pharmaceutical Production and Printing and Publishing—Bin 1 . .. 2060-AO91
711 SAN No. 5093.3 National Emission Standards for Hazardous Air Pollutants for Chromium Electroplating, Chro-
mium Anodizing, and Steel Pickling Residual Risk and Technology Review 2060-AO92
712 SAN No. 5196 Risk and Technology Review Phase II Group 3 2060-AO97
713 SAN No. 5216 Prevention of Air Pollution Emergency Episodes 2060-APOO
714 SAN No. 5236 Remand of Halogenated Solvent Cleaning Final Residual Risk Rule 2060-AP07
715 SAN No. 5268 Response to Section 126 Petition From Warrick County, Indiana, and the Town of Newburgh, Indi-
ana 2060-AP21
716 SAN No. 5280 NESHAP: Group I and IV Polymers and Resins: Amendments 2060-AP25
717 SAN No. 5347 Response to Petition From North Carolina 2060-AP51
718 SAN No. 5353. Response to Petition From Delaware 2060-AP60
719 SAN No. 5194.3 Implementing the 1997 8-Hour Ozone NAAQS: Section 185 Penalty Fee Provisions 2060-AP68
720 SAN No. 5367 NESHAP: Brick and Structural Clay and Clay Ceramics 2060-AP69
721 SAN No. 5369 Oil and Natural Gas Activities—Review of New Source Performance Standards, National Emission
Standards for Hazardous Air Pollutants, and Control Techniques Guidelines 2060-AP76
722 SAN No. 5093.8 NESHAP Standard Standards for Petroleum Refineries—Heat Exchangers 2060-AP84
723 SAN No. 5396 Revision of New Source Performance Standards for New Residential Wood Heaters 2060-AP93
724 SAN No. 5391 National VOC Emission Standards for Architectural Coatings; Amendments 2060-AP94
725 SAN No. 5390 National Emission Standards for Hazardous Air Pollutants for Elemental Phosphorous Production .. 2060-AP97
726 SAN No. 5417 Risk and Technology Review for Ferroalloys Production 2060-AQ11
727 SAN No. 5435 Residual Risk and Technology Review Amendments to the Phosphoric Acid and Phosphate Fer-
tilizer Production NESHAPs 2060-AQ20
CLEAN AIR ACT—Completed Actions
Sequence
Number
Title
Regulation
Identifier
Number
728 SAN No. 4315 Source-Specific Federal Implementation Plan for Navajo Generating Station; Navajo Nation
729 SAN No. 3919 Prevention of Significant Deterioration of Air Quality: Permit Application Review Procedures for
Non-Federal Class I Areas
730 SAN No. 5111 Review of the Primary National Ambient Air Quality Standard for Nitrogen Dioxide
731 SAN No. 4752.3 Reconsideration of 2008 Final Implementation Rule for PM2.5 NSR: Stay of Effective Date for
Grandfathering Provisions
732 SAN No. 5015 NESHAP: Area Source Standards—Chemical Preparations Industry
733 SAN No. 5016.1 National Emission Standards for Hazardous Air Pollutants: Area Source Standards for Paints
and Allied Products Manufacturing—Technical Amendments
734 SAN No. 5191 NESHAP: Area Source Standards—Asphalt Processing and Asphalt Roofing Manufacturing
735 SAN No. 5201 NESHAP: Area Source Standards—Prepared (Animal) Feeds Manufacturing
736 SAN No. 5191.1 National Emission Standards for Hazardous Air Pollutants: Area Source Standards for Asphalt
Processing and Asphalt Roofing Manufacturing—Technical Amendment
737 SAN No. 5071 Hospital/Medical/lnfectious Waste Incineration Units—Response to Remand
738 SAN No. 5115 Air Quality Index Reporting and Significant Harm Level for PM2.5
739 SAN No. 5052 Protection of Stratospheric Ozone: Ban on the Sale or Distribution of Pre-Charged Appliances
740 SAN No. 4722 California Gasoline Technical Correction
741 SAN No. 4874 NESHAP: Area Source Standards for Miscellaneous Chemical Manufacturing
742 SAN No. 4885 Flexible Air Permit Rule
743 SAN No. 5025 Revisions to the Definition of Potential to Emit (PTE)
744 SAN No. 5116 Reconsideration of Stationary Combustion Turbine NSPS
745 SAN No. 5124 Fuel Economy Regulations for Automobiles: Technical Amendments and Corrections
746 SAN No. 5144 Standards of Performance for Coal Preparation Plants: Amendments
747 SAN No. 5224 Protection of Stratospheric Ozone: Adjustments to the Allowance System for Controlling HCFC
Production, Import, and Export
2009-AAOO
2060-AH01
2060-AO19
2060-AP65
2060-AN46
2060-AN47
2060-A094
2060-AO98
2060-AQ22
2060-AO04
2060-A011
2060-AN58
2060-AK56
2060-AM19
2060-AM45
2060-AN65
2060-AO23
2060-AO36
2060-A057
2060-A076
12
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EPA
Spring 2010 Semiannual Regulatory Agenda
CLEAN AIR ACT—Completed Actions (Continued)
Sequence
Number
Title
Regulation
Identifier
Number
748
749
750
751
752
753
754
755
756
757
758
759
760
SAN No. 5250 Renewable Fuels Standard Program
SAN No. 5289 Protocols for Monitoring and Measuring Mercury Emissions
SAN No. 5300 National Emission Standards for Hazardous Air Pollutants for Reciprocating Internal Combustion
Engines—Compression Ignition
SAN 5307; NP Regulation of Fuels and Fuel Additives: Federal Volatility Control Program in the Denver-Boulder-
Greeley-Ft. Collins-Loveland, CO, 8-Hour Ozone Nonattainment Area
SAN No. 4889.1 National Emission Standards for Hazardous Air Pollutants for Area Sources: Electric Arc Furnace
Steelmaking Facilities; Amendments
SAN No. 5323 Stay of CAIR and CAIR FIP for Minnesota
SAN No. 5335 Endangerment and Cause or Contribute Findings for Greenhouse Gases
SAN No. 5093.4 NESHAP Standard Standards for Petroleum Refineries—Wastewater
SAN No. 4940.1 Reconsideration of Prevention of Significant Deterioration (PSD) and Nonattainment New Source
Review (NSR): Reconsideration of Inclusion of Fugitive Emissions
SAN No. 5093.5 NESHAP Standard Standards for Petroleum Refineries—Equipment Leaks
SAN No. 5093.6 NESHAP Standard Standards for Petroleum Refineries—Process Vents and Control Devices ....
SAN No. 5093.7 NESHAP Standard Standards for Petroleum Refineries—Storage Vessels and Transfer Oper
ations
SAN No. 5377 Interpretation of Regulations That Determine Pollutants Covered by the Clean Air Act Permitting
Programs
2060-AO81
2060-AP31
2060-AP36
2060-AP40
2060-AP44
2060-AP46
2060-AP55
2060-AP70
2060-AP73
2060-AP81
2060-AP82
2060-AP83
2060-AP87
ATOMIC ENERGY ACT—Proposed Rule Stage
Sequence
Number
761
Title
SAN No 4003 Technical Change to Dose Methodology
Regulation
Identifier
Number
2060-AH90
ATOMIC ENERGY ACT—Long-Term Actions
Sequence
Number
Title
Regulation
Identifier
Number
762
SAN No. 5319 Revision of Health and Environmental Protection Standards for Uranium and Thorium Mill Tailings
and Uranium In Situ Leaching Processing Facilities
2060-AP43
ATOMIC ENERGY ACT—Completed Actions
Sequence
Number
Title
Regulation
Identifier
Number
763
SAN No. 4054 Environmental Radiation Protection Standards for the Disposal of Low-Activity Mixed Radioactive
Waste
2060-AH63
NOISE CONTROL ACT—Final Rule Stage
Sequence
Number
764
Title
SAN No 5102 Revision of Hearing-Protector Regulations
Regulation
Identifier
Number
2060-AO25
13
-------
Spring 2010 Semiannual Regulatory Agenda
EPA
FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT (FIFRA)—Prerule Stage
Sequence
Number
765
Title
SAN No 5385 Pesticides' Public Availability of Identities of Inert Ingredients in Pesticides
Regulation
Identifier
Number
2070-AJ62
FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT (FIFRA)—Proposed Rule Stage
Sequence
Number
766
767
768
769
770
771
772
Title
SAN No. 5005 Pesticides; Data Requirements for Plant-Incorporated Protectants (PIPs) and Certain Exemptions
for PIPs
SAN No. 5382 Pesticides; Satisfaction of Data Requirements; Minor Revisions to the Procedures To Ensure Pro-
tection of Data Submitters' Rights
SAN No. 5358 Pesticides; Regulation To Clarify Labeling of Pesticides for Export
SAN No. 5393 Pesticides; Clarifying Changes to Labeling
SAN No. 5082 Regulations To Facilitate Compliance With the Federal Insecticide, Fungicide, and Rodenticide Act
by Producers of Plant- Incorporated Protectants (PIPs)
SAN No. 4985 Pesticides; Determination of Status of Prions as Pests
SAN No. 4618 Revision of Procedural Rules for Hearings on Cancellations, Suspensions, Changes in Classifica-
tions, and Denials of Pesticide Registrations
Regulation
Identifier
Number
2070-AJ27
2070-AJ58
2070-AJ53
2070-AJ61
2070-AJ32
2070-AJ26
201 5-AAOO
FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT (FIFRA)—Final Rule Stage
Sequence
Number
773
774
775
776
Title
SAN No. 5031 Pesticides; Expansion of Crop Grouping Program
SAN No. 4611 Plant Incorporated Protectants (PIPs); Exemption for Those Derived Through Genetic Engineering
From Sexually Compatible Plants
SAN No. 4612 Plant Incorporated Protectants (PIPs); Exemption for PIPs That Act by Primarily Affecting the Plant
SAN No. 3222 Groundwater and Pesticide Management Plan Rule
Regulation
Identifier
Number
2070-AJ28
2070-AD55
2070-AD56
2070-AC46
FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT (FIFRA)—Long-Term Actions
Sequence
Number
111
778
779
780
781
782
783
784
785
Title
SAN No 5050 Pesticide Agricultural Container Recycling Program
SAN No. 4173 Pesticides; Data Requirements for Antimicrobials
SAN No. 5331. Pesticides; Data Requirements for Product Performance
SAN No. 4027 Pesticides; Tolerance Processing Fees
SAN No. 4602 Plant Incorporated Protectants (PIPs); Exemption for Those Based on Viral Coat Protein Genes ....
SAN No. 5007 Pesticides; Competency Standards for Occupational Users
SAN No. 5006 Pesticides; Agricultural Worker Protection Standard Revisions
SAN No 3892 Pesticides' Registration Requirements for Antimicrobial Pesticide Products
SAN No 5183 Pesticides' Reconsideration of Exemptions for Insect Repellents
Regulation
Identifier
Number
2070-AJ29
2070-AD30
2070-AJ49
2070-AJ23
2070-AD49
2070-AJ20
2070-AJ22
2070-AD14
2070-AJ45
TOXIC SUBSTANCES CONTROL ACT (TSCA)—Prerule Stage
Sequence
Number
786
787
Title
SAN No. 5381 Lead; Renovation, Repair, and Painting Program for Public and Commercial Buildings
SAN No. 5256 Polychlorinated Biphenyls (PCBs); Reassessment of Use Authorizations
Regulation
Identifier
Number
2070-AJ56
2070-AJ38
14
-------
EPA
Spring 2010 Semiannual Regulatory Agenda
TOXIC SUBSTANCES CONTROL ACT (TSCA)—Proposed Rule Stage
Sequence
Number
788
789
790
791
792
793
794
795
796
797
798
799
800
801
802
803
804
Title
SAN No. 5305 TSCA Section 13 Amendment: Electronic Reporting of TSCA Chemical Import Data in the Auto-
mated Commercial Environment (ACE)
SAN No. 5430 Chemicals of Concern List
SAN No. 3493.3 Decabromodiphenyl Ether (DecaBDE), Pentabromodiphenyl Ether (PentaBDE), and
Octabromodiphenyl Ether (OctaBDE)
SAN No. 5419 Significant New Use Rule; Certain High Production Volume Chemicals and Existing Chemicals
SAN No. 4878 TSCA Inventory Nomenclature for Enzymes and Proteins
SAN No 5279 TSCA Inventory Update Reporting Modifications
SAN No. 5421 TSCA Inventory; Clarification for Chemical Identification Describing Statutory Mixtures, Including
Ceramic Materials, Cements, and Frits for TSCA Inventory Purposes
SAN No. 5380 Lead; Clearance and Clearance Testing Requirements for the Renovation, Repair, and Painting
Program
SAN No. 5387 Mercury Export Ban Act; Procedures for Essential Use Exemptions
SAN No. 5440 Significant New Use Rule; Elemental Mercury Used in Barometers, Manometers, Hygrometers,
and Psychrometers
SAN No. 5313 Test Rule; Certain Nanoscale Materials
SAN No 5366 Nanoscale Materials' TSCA Section 8(a) Reporting for Nanoscale Materials
SAN No 5420 Nanoscale Materials' Significant New Use Rule (SNUR)
SAN No. 5342 Significant New Use Rule for Glymes
SAN No 1923 Follow-Up Rules on Existing Chemicals
SAN No. 5418 General Exemptions From Reporting Requirements for Microorganisms; Revisions of Recipient Or-
ganisms Elig ble for Tier I and Tier II Exemptions
SAN No 3990 Test Rule' Testing of Certain High Production Volume (HPV) Chemicals
Regulation
Identifier
Number
2070-AJ50
2070-AJ70
2070-AJ08
2070-AJ66
2070-AJ04
2070-AJ43
2070-AJ68
2070-AJ57
2070-AJ60
2070-AJ71
2070-AJ47
2070-AJ54
2070-AJ67
2070-AJ52
2070-AA58
2070-AJ65
2070-AD16
TOXIC SUBSTANCES CONTROL ACT (TSCA)—Final Rule Stage
Sequence
Number
805
806
807
808
809
810
811
812
813
Title
SAN No. 5379 Lead; Amendment to the Opt-Out and Recordkeeping Provisions in the Renovation, Repair, and
Painting Program
SAN No. 5238 Significant New Use Rule for Elemental Mercury in Flow Meters, Manometers, and Pyrometers
SAN No. 5340 Mercury; Regulation To Update Outdated ASTM References in EPA Regulations That Require the
Use of Mercury Thermometers
SAN No. 1976 Significant New Use Rules (SNURs); Follow-Up Rules on Non-5(e) New Chemical Substances
SAN No. 3495 Significant New Use Rule (SNUR); Chemical-Specific SNURs To Extend Provisions of Section 5(e)
Orders
SAN No 1923 1 Significant New Use Rule for Chloranil
SAN No 2563 Test Rule' Certain Chemicals on the ATSDR Priority List of Hazardous Substances
SAN No. 3487 Test Rule; Hazardous Air Pollutants (HAPs)
SAN No 5378 Amendments to the Procedural Rules for Enforceable Consent Agreements (EGAs)
Regulation
Identifier
Number
2070-AJ55
2070-AJ36
2070-AJ51
2070-AA59
2070-AB27
2070-AJ31
2070-AB79
2070-AC76
2070-AJ59
TOXIC SUBSTANCES CONTROL ACT (TSCA)—Long-Term Actions
Sequence
Number
814
815
816
817
818
819
820
821
Title
SAN No. 3148 Asbestos Model Accreditation Plan Revisions
SAN No 5429 Short-Chained Chlorinated Paraffins (SCCPs)' Regulation(s) Under TSCA
SAN No. 3528 Refractory Ceramic Fibers (RCFs)
SAN No. 3252 Lead Fishing Sinkers; Response to Citizens' Petition and Proposed Ban
SAN No. 4376 Lead-Based Paint Activities; Bridges and Structures; Training, Accreditation, and Certification Rule
and Model State Plan Rule
SAN No. 5398 Lead Wheel Weights; Regulatory Investigation
SAN No 5312 Mercury Regulation of Use in Certain Products
SAN No. 2150 Polychlorinated Biphenyls (PCBs); Placeholder for Petitions Seeking a Manufacturing (Import) Ex-
emotion for Use
Regulation
Identifier
Number
2070-AC51
2070-AJ69
2070-AC37
2070-AC21
2070-AC64
2070-AJ64
2070-AJ46
2070-AJ39
15
-------
Spring 2010 Semiannual Regulatory Agenda
EPA
Sequence
Number
822
823
824
825
826
827
828
829
830
831
832
TOXIC SUBSTANCES CONTROL ACT (TSCA)— Long-Term Actions (Continued)
Title
SAN No 4598 TSCA Policy Statement on Oversight of Transgenic Organisms (Including Plants)
SAN No 5287 Formaldehyde Emissions From Pressed Wood Products
SAN No 3493 Testing of Existing Chemicals (Overview Entry for Future Needs)
SAN No. 4395 Test Rule; Multiple Substance Rule for the Testing of Developmental and Reproductive Toxicity ....
SAN No. 3493.2 Testing Agreement for Aryl Phosphates (ITC List 2)
SAN No. 5187 Test Rule; Nonylphenol (NP) and Its Ethoxylates (NPE)
SAN No. 2178 TSCA Section 8(a) Preliminary Assessment Information Rules
SAN No 1139 TSCA Section 8(d) Health and Safety Data Reporting Rules
SAN No 5401 TSCA Reporting Requirements' Minor Revisions
SAN No. 4777 Lead-Based Paint; Amendments to the Requirements for Disclosure of Known Lead-Based Paint
or Lead-Based Paint Hazards in Target Housing
SAN No. 4975 Effects of Transfers of Ownership on Obligations Under Section 5 of TSCA
Regulation
Identifier
Number
2070-AD53
2070-AJ44
2070-AB94
2070-AD44
2070-AJ07
2070-AJ34
2070-AB08
2070-AB11
2070-AJ63
2070-AD64
2070-AJ15
TOXIC SUBSTANCES CONTROL ACT (TSCA)—Completed Actions
Sequence
Number
833
834
835
836
Title
SAN No 21502 Polychlorinated Biphenyls (PCBs)' Manufacturing (Import) Exemption for Disposal
SAN No. 4984 Clarification on TSCA Inventory Status of Activated Phosphors
SAN No. 4635 Amendment to the Premanufacture Notification Exemptions; Revisions of Exemptions for Certain
Polymers
SAN No 5270 Electronic Premanufacture Notice (PMN) Reporting
Regulation
Identifier
Number
2050-AG42
2070-AJ21
2070-AD58
2070-AJ41
EMERGENCY PLANNING AND COMMUNITY RIGHT—TO—KNOW ACT (EPCRA)—Proposed Rule Stage
Sequence
Number
837
838
839
840
Title
SAN No. 4753 Emergency Planning and Community Right-To-Know Act: Modification to the Threshold Planning
Quantity Methodology for the Extremely Hazardous Substances That Are Solids in Solution
SAN No. 2425.3 TRI; Response to Petition To Delete Acetonitrile From the Toxics Release Inventory List of Toxic
Chemicals
SAN No 5384 Toxics Release Inventory Addition of National Toxicology Program Carcinogens
SAN No. 4616 Clarify TRI Reporting Obligations Under EPCRA Section 313 for Metal Mining Activities
Regulation
Identifier
Number
2050-AF08
2025-AA19
2025-AA28
2025-AA1 1
EMERGENCY PLANNING AND COMMUNITY RIGHT—TO—KNOW ACT (EPCRA)—Final Rule Stage
Sequence
Number
841
842
Title
SAN No. 5368 TRI: Intent To Consider Lifting Administrative Stay Regarding Hydrogen Sulfide Reporting Require-
ments; Opportunity for Public Comment
SAN No. 5296 Toxics Release Inventory (TRI) Articles Exemption Clarification Rule
Regulation
Identifier
Number
2025-AA27
2025-AA24
EMERGENCY PLANNING AND COMMUNITY RIGHT—TO—KNOW ACT (EPCRA)—Long-Term Actions
Sequence
Number
843
844
Title
SAN No. 3215.1 Emergency Planning and Community Right-To-Know Act: Amendments an
SAN No. 2425.4 TRI; Response to Petition To Delete Chromium, Antimony, and Titanate
oound Cateaories Listed on the Toxics Release Inventory
d Streamlining Rule ...
From the Metal Corn-
Regulation
Identifier
Number
2050-AG40
2025-AA16
16
-------
Spring 2010 Semiannual Regulatory Agenda
EPA
EMERGENCY PLANNING AND COMMUNITY RIGHT—TO—KNOW ACT (EPCRA)—Long-Term Actions
(Continued)
Sequence
Number
Title
Regulation
Identifier
Number
845
SAN No. 2425.1 TRI; Response to Petition To Add Diisononyl Phthalate to the Toxics Release Inventory List of
Toxic Chemicals
2025-AA17
RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)—Proposed Rule Stage
Sequence
Number
846
847
848
849
850
Title
SAN No. 4470 Standards for the Management of Coal Combustion Residuals Generated by Commercial Electric
Power Producers
SAN No 5266 Identification of Non-Hazardous Secondary Materials That Are Solid Wastes
SAN No. 5322 Hazardous Waste Management System; Identification and Listing of Hazardous Waste; Removing
Saccharin and Its Salts From the Lists of Hazardous Constituents, Hazardous Wastes, and Hazardous Sub-
stances
SAN No. 5441 Hazardous Waste Management Systems: Identification and Listing of Hazardous Waste: Carbon
Dioxide (CO2) Injectate in Geological Sequestration Activities
SAN No 5310 Hazardous Waste Technical Corrections and Clarifications Rule
Regulation
Identifier
Number
2050-AE81
2050-AG44
2050-AG55
2050-AG60
2050-AG52
RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)—Final Rule Stage
Sequence
Number
851
Title
SAN No 4977 1 Withdrawal of Expansion of RCRA Comparable Fuels Exclusion
Regulation
Identifier
Number
2050-AG57
RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)—Long-Term Actions
Sequence
Number
852
853
854
855
856
857
858
859
860
861
862
Title
SAN No. 5309 Episodic Generation Rulemaking
SAN No. 3545 Revisions to the Comprehensive Guideline for Procurement of Products Containing Recovered
Materials
SAN No 3856 Management of Cement Kiln Dust (CKD)
SAN No. 5274. Standards for the Safe and Environmentally Protective Placement of Coal Combustion Residuals
as Minefill in Coal Mines Not Regulated Under the Surface Mining Control and Reclamation Act
SAN No. 3147.1 Hazardous Waste Manifest Revisions — Standards and Procedures for Electronic Manifests
SAN No. 5127 Amendment to the Universal Waste Rule: Addition of Pharmaceuticals
SAN No 4091 Modifications to RCRA Rules Associated With Solvent-Contaminated Industrial Wipes
SAN No. 5070 Revisions to Land Disposal Restrictions Treatment Standards and Amendments to Recycling Re-
quirements for Spent Petroleum Refining Hydrotreating and Hydrorefining Catalysts
SAN No 4735 RCRA Smarter Waste Reporting
SAN No. 4920.1 Identifying the Universe of Government Research in Laboratories and Determining Student In-
volvement in Generating Laboratory Hazardous Waste
SAN No. 2647 RCRA Subtitle C Financial Test Criteria Regulatory Determination
Regulation
Identifier
Number
2050-AG51
2050-AE23
2050-AE34
2050-AG45
2050-AG20
2050-AG39
2050-AE51
2050-AG34
2050-AF01
2050-AG54
2050-AC71
17
-------
EPA
Spring 2010 Semiannual Regulatory Agenda
RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)—Completed Actions
Sequence
Number
Title
Regulation
Identifier
Number
863 SAN No. 4606 Requirements for Transboundary Shipments of Wastes, Export Shipments of Spent Lead-Acid Bat-
teries, Submitting Exception Reports for Export Shipments of Hazardous Wastes, and Imports of Hazardous
Waste 2050-AE93
COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT—Proposed Rule
Stage
~
864 SAN No. 3439 National Priorities List for Uncontrolled Hazardous Waste Sites 2050-AD75
COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT—Final Rule Stage
Regulation
865 SAN No. 5376 Revision of Cooperative Agreements and Superfund State Contracts for Superfund Response Ac-
tions 2050-AG58
COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT—Long-Term Actions
Regulation
FuS
866 SAN No. 5350 CERCLA 108(b) Financial Responsibility 2050-AG56
867 SAN No. 4737 Correction of Errors and Adjustment of CERCLA Reportable Quantities 2050-AF03
868 SAN No. 4971 National Contingency Plan Revisions To Align With the National Response Plan 2050-AG22
CLEAN WATER ACT—Prerule Stage
Regulation
869 SAN No. 5444 Effluent Guidelines and Standards for the Centralized Waste Treatment Industry (Section 610 Re-
view) 2040-AF18
CLEAN WATER ACT—Proposed Rule Stage
Regulation
870 SAN No. 4526 Revisions to the National Oil and Hazardous Substances Pollution Contingency Plan; Product
Schedule Listing Requirements 2050-AE87
871 SAN No. 5311 Development of Best Management Practices for Recreational Boats 2040-AF03
872 SAN No. 5363 Guidelines Establishing Test Procedures for the Analysis of Pollutants Under the Clean Water Act;
Analysis and Sampling Procedures 2040-AF09
873 SAN No. 5210 Criteria and Standards for Cooling Water Intake Structures 2040-AE95
874 SAN No. 3786 National Pollutant Discharge Elimination System (NPDES): Use of Sufficiently Sensitive Test Meth-
ods for Permit Applications and Reporting 2040-AC84
875 SAN No. 2634.9 SPCC Compliance Date Extension 2050-AG59
876 SAN No. 5362 Amendment to Effluent Guidelines for Primary Aluminum Smelting Subcategory of the Nonferrous
Metals Manufacturing Point Source Category 2040-AF12
18
-------
EPA
Spring 2010 Semiannual Regulatory Agenda
CLEAN WATER ACT—Proposed Rule Stage (Continued)
Sequence
Number
877
878
879
Title
SAN No. 5413 Marine Sanitation Devices: Proposed Regulation To Establish a No Discharge Zone for California
State Marine Waters
SAN No. 4746 Regulations for Gray and Black Water Discharges From Cruise Ships Operating in Certain Alaskan
Waters
SAN No. 5240 National Pollutant Discharge Elimination System (NPDES) Permit Regulations for New Dischargers
and the Appropriate Use of Offsets With Regard to Water Quality Permitting
Regulation
Identifier
Number
2009-AA04
2040-AD89
2040-AF17
CLEAN WATER ACT—Final Rule Stage
Sequence
Number
880
881
882
883
Title
SAN No. 5361 Water Quality Standards (Numeric Nutrient Criteria) for Florida's Lakes and Flowing Waters
SAN No 4948 Effluent Limitations Guidelines and Standards for Airport Deicing Operations
SAN No. 5320 2010 Effluent Guidelines Program Plan
SAN No 5098 Guidance for Implementing the Methylmercury Water Quality Criterion
Regulation
Identifier
Number
2040-AF11
2040-AE69
2040-AF06
2040-AE87
CLEAN WATER ACT—Long-Term Actions
Sequence
Number
Title
Regulation
Identifier
Number
884
885
886
887
888
889
890
891
892
893
894
895
SAN No. 5424 Water Quality Standards Regulatory Clarifications
SAN No. 4049 Test Procedures for the Analysis of Co-Planar and Mono-Ortho-Substituted Polychlorinated
Biphenyls (PCBs) Under the Clean Water Act
SAN No. 4357 Uniform National Discharge Standards for Vessels of the Armed Forces—Phase II
SAN No. 3999 NPDES Permit Requirements for Municipal Sanitary and Combined Sewer Collection Systems,
Municipal Satellite Collection Systems, Sanitary Sewer Overflows, and Peak Excess Flow Treatment Facilities ....
SAN No. 4690 NPDES Permit Requirements for Peak Wet Weather Discharges From Publicly Owned Treatment
Work Treatment Plants Serving Sanitary Sewer Collection Systems Policy
SAN No. 2634.8 Oil Pollution Prevention: Spill Prevention, Control, and Countermeasure Rule Requirements—
Amendments for Milk Containers
SAN No. 4980 Effluent Limitations Guidelines and Standards for Chlorine and Chlorinated Hydrocarbon Manufac-
turing Process
SAN No. 5422 Effluent Limitations Guidelines and Standards for the Steam Electric Power Generating Point
Source Category
SAN No. 5251 NPDES Electronic Reporting Rule
SAN No. 5330 Oil and Gas Construction Stormwater Rule
SAN No. 5408 Stormwater Regulations To Address Revision Discharges From Developed Sites
SAN No. 5443 Revised Regulations for Concentrated Animal Feeding Operations (CAFOs) in the Chesapeake
Bay Watershed
2040-AF16
2040-AD09
2040-AD39
2040-AD02
2040-AD87
2050-AG50
2040-AE82
2040-AF14
2020-AA47
2040-AF05
2040-AF13
2040-AF20
CLEAN WATER ACT—Completed Actions
Sequence
Number
896
897
898
Title
SAN No. 2634.2 Revisions to the Spill Prevention, Control, and Countermeasure (SPCC) Rule
SAN No. 5119 Effluent Limitations Guidelines and Standards for the Construction and Development Point Source
Category
SAN No. 4967. New/Revised Ambient Water Quality Criteria (AWQC) for Recreational Waters
Regulation
Identifier
Number
2050-AG16
2040-AE91
2040-AE77
19
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EPA
Spring 2010 Semiannual Regulatory Agenda
SAFE DRINKING WATER ACT (SDWA)—Prerule Stage
Sequence
Number
Title
Regulation
Identifier
Number
899 SAN No. 5445 National Primary Drinking Water Regulations: Radionuclides (Section 610 Review) 2040-AF19
SAFE DRINKING WATER ACT (SDWA)—Proposed Rule Stage
Seauence Regulation
M 1 Title Identifier
Number Number
900 SAN No. 5284 Revising Underground Storage Tank Regulations—Revisions to Existing Requirements and Addi •
tions To Incorporate the Provisions of the Energy Policy Act 2050-AG46
901 SAN No. 4775 National Primary Drinking Water Regulations: Revisions to the Total Coliform Rule 2040-AD94
902 SAN No. 5360 Unregulated Contaminant Monitoring Regulation (UCMR 3) for Public Water Systems Revisions .... 2040-AF10
SAFE DRINKING WATER ACT (SDWA)—Final Rule Stage
Seauence Regulation
M 1 Title Identifier
Number Number
903 SAN No. 5211 Federal Requirements Under the Underground Injection Control (UIC) Program for Carbon Dioxide
(CO2) Geologic Sequestration (GS) Wells 2040-AE98
SAFE DRINKING WATER ACT (SDWA)—Long-Term Actions
Regulation
FuS
904 SAN No. 5423 National Primary Drinking Water Regulations for Lead and Copper: Regulatory Revisions 2040-AF15
905 SAN No. 2281 National Primary Drinking Water Regulations: Radon 2040-AA94
906 SAN No. 3238 National Primary Drinking Water Regulations: Aldicarb 2040-AC13
907 SAN No. 4404 National Secondary Drinking Water Regulations (NSDWR): Methyl Tertiary Butyl Ether (MTBE)
and Technical Corrections to the NSDWR 2040-AD54
908 SAN No. 4821.1 Perchlorate Regulatory Determination 2040-AF08
909 SAN No. 4236 Underground Injection Control: Update of State Programs 2040-AD40
SAFE DRINKING WATER ACT (SDWA)—Completed Actions
~
910 SAN No. 5066 Second 6-Year Review of Existing National Primary Drinking Water Regulations 2040-AE90
SHORE PROTECTION ACT (SPA)—Long-Term Actions
911 SAN No. 2820 Shore Protection Act, Section 4103(b) Regulations 2040-AB85
20
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Spring 2010 Semiannual Regulatory Agenda
Environmental Protection Agency (EPA)
General
Proposed Rule Stage
570. AGE DISCRIMINATION
REGULATIONS—EPA-ASSISTED
PROGRAMS—AGE DISCRIMINATION
ACT OF 1975
Priority: Other Significant
Legal Authority: 42 USC 6101 et seq
CFR Citation: 40 CFR 7.10 to 7.180
Legal Deadline: None
Abstract: The Age Discrimination Act
of 1975 prohibits discrimination based
on age in programs or activities that
receive Federal financial assistance,
and requires Federal agencies to issue
regulations implementing the Act.
Recipients are aware of this prohibition
and are already in compliance with this
requirement. This amendment will add
Age as a protected classification to
EPA's nondiscrimination regulations
(40 CFR Part 7), which already prohibit
discrimination based on race, color,
national origin, sex, or handicap in
EPA-assisted programs or activities
pursuant to title VI of the Civil Rights
Act of 1964, section 504 of the
Rehabilitation Act of 1973, and section
13 of the Federal Water Pollution
Control Act of 1972.
Timetable:
Action
Date
FR Cite
NPRM
Direct Final Action
04/00/10
04/00/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5121.
Agency Contact: Thomas Walker,
Environmental Protection Agency,
Office of the Administrator, 1201A,
Washington, DC 20460
Phone: 202 343-9680
Fax: 202 233-0630
Email: walker.tom@epa.gov
Helena Wooden-Aguilar,
Environmental Protection Agency,
Office of the Administrator, 1201A,
Washington, DC 20460
Phone: 202 343-9681
Fax: 202 233-0630
Email: wooden-aguilar.helena ©epa.gov
RIN: 2090-AA37
Environmental Protection Agency (EPA)
General
Final Rule Stage
571. TECHNICAL CORRECTIONS TO
TITLE 40 TO CONFORM TO THE CIVIL
MONETARY PENALTY INFLATION
ADJUSTMENT RULE
Priority: Info./Admin./Other
Legal Authority: 31 USC 3701
CFR Citation: 40 CFR 19.4
Legal Deadline: None
Abstract: On December 11, 2008, EPA
promulgated the 2008 Civil Monetary
Penalty Inflation Adjustment Rule (73
FR 75340) to adjust all statutory civil
monetary penalties for inflation. This
rule was issued pursuant to the Debt
Collection Improvement Act (DCIA),
which requires each federal agency to
adjust statutory penalty amounts under
its jurisdiction to account for inflation.
During the course of that rulemaking,
EPA discovered that certain regulatory
provisions of Title 40 referred to
outdated statutory civil penalty
amounts. This rulemaking will amend
all regulatory references to specific civil
penalty amounts to refer to the
operative effective statutory maximum
penalty amount reflected in 40 CFR
19.4.
Timetable:
Action
Date
FR Cite
Direct Final Action 05/00/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5325.
Agency Contact: David Abdalla,
Environmental Protection Agency,
Office of Enforcement and Compliance
Assurance, 2248A, Washington, DC
20460
Phone: 202 564-2413
Email: abdalla.david@epamail.epa.gov
Susan O'Keefe, Environmental
Protection Agency, Office of
Enforcement and Compliance
Assurance, 2248A, Washington, DC
20460
Phone: 202 564-1021
Email: okeefe.susan@epamail.epa.gov
RIN: 2020-AA49
572. WASTE ENERGY RECOVERY
REGISTRY
Priority: Other Significant
Legal Authority: 42 USC 6342
CFR Citation: 40 CFR 1200
Legal Deadline: Final, Statutory,
September 19, 2008, The Energy
Independence and Security Act of 2007
says that EPA must publish a rule 270
days from its enactment.
Abstract: Title IV of the Energy
Independence and Security Act of 2007
directs EPA to establish a "recoverable
waste energy inventory program" in
cooperation with the Department of
Energy and state energy offices. This
inventory program is composed of a
survey of major industrial and large
commercial combustion sources, and a
Registry of Recoverable Waste Energy
Sources. On July 23, 2009, EPA issued
a proposed rule that included the
criteria for including sources or sites
in a Registry of Recoverable Waste
Energy Sources, and the survey
processes by which EPA will collect
data and populate the Registry. Under
this action, EPA will publish a rule
establishing criteria for including sites
in the Registry of Recoverable Waste
Energy Sources.
Timetable:
Action
NPRM
NPRM Comment
Period End
Final Action
Date FR Cite
07/23/09 74 FR 36430
09/21/09
11/00/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5262;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/ EPA-AIR/
2009/July/Day-23/al7550.pdf; EPA
Docket information: EPA-HQ-OAR-
2008-0201.
Agency Contact: Susan Wickwire,
Environmental Protection Agency, Air
and Radiation, 6202J, Washington, DC
20460
Phone: 202 343-9155
Fax: 202 565-2155
21
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Spring 2010 Semiannual Regulatory Agenda
EPA—General
Final Rule Stage
Email: wckwfire.susan@epamail.epa.gov
RIN: 2060-AP14
573. SUPPLEMENTAL STANDARDS
OF ETHICAL CONDUCT FOR
EMPLOYEES OF THE
ENVIRONMENTAL PROTECTION
AGENCY
Priority: Info./Admin./Other
Legal Authority: 5 USC 7301
CFR Citation: 5 CFR 6401 (Revision)
Legal Deadline: None
Abstract: The Environmental
Protection Agency will, with the
concurrence of the Office of
Government Ethics (OGE), revise the
Supplemental Standards of Ethical
Conduct for Employees of the
Environmental Protection Agency
(regulation) at 5 CFR Part 6401. The
regulation supplements the Standards
of Ethical Conduct for Employees of the
Executive Branch (Standards) issued by
OGE. The revisions to the regulation
are necessary to update, clarify, and
address ethical issues unique to EPA
employees. The regulation prohibits
certain EPA employees from holding
certain financial interests, including
compensated outside employment with
certain persons; and it requires EPA
employees to obtain prior approval to
engage in certain categories of outside
employment.
Timetable:
Action
Date
FR Cite
Final Action
12/00/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5291.
Agency Contact: Jennie Keith,
Environmental Protection Agency,
Office of General Counsel, 2310A,
Washington, DC 20460
Phone: 202 564-3412
Email: keith.jennie@epamail.epa.gov
Justina Fugh, Environmental Protection
Agency, Office of General Counsel,
2310A, Washington, DC 20460
Phone: 202 564-1786
Email: fugh.justina@epa.gov
RIN: 2015-AAOl
Environmental Protection Agency (EPA)
Clean Air Act
P re rule Stage
574. NEW SOURCE PERFORMANCE
STANDARDS (NSPS) REVIEW
Priority: Other Significant
Legal Authority: 42 USC 7411; 42 USC
7429
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: The goal of EPA's New
Source Performance Standards (NSPS)
Review under CAA section lll(b)(l)(B)
is to address our obligation to review
and revise each NSPS at a minimum
of every 8 years. The review will
outline criteria which the Agency
believes indicates that a standard
remains effective and need not be
reviewed. The strategy also seeks to
minimize the administrative burden of
the NSPS program by initially
addressing those NSPS that remain
effective based on "readily available
information" and do not need to be
revised.
Timetable:
Action
Date
FR Cite
ANPRM 05/00/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5168.
Agency Contact: Tina Ndoh,
Environmental Protection Agency, Air
and Radiation, D205-02, RTF, NC
27711
Phone: 919 541-2750
Fax: 919 541-5600
Email: ndoh.christina@epamail.epa.gov
Lisa Conner, Environmental Protection
Agency, Air and Radiation, D205-02,
RTF, NC 27711
Phone: 919 541-5060
Fax: 919 541-5600
Email: conner.lisa@epamail.epa.gov
RIN: 2060-AO60
575. LEAD EMISSIONS FROM
PISTON-ENGINE AIRCRAFT USING
LEADED AVIATION GASOLINE
Priority: Other Significant
Legal Authority: 42 USC 7571
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: The purpose of this action is
to further respond to a petition
submitted by Friends of the Earth (FOE)
in 2006. In the petition, FOE requests
that EPA find that lead emissions from
general aviation aircraft may reasonably
be anticipated to endanger public
health and welfare and that EPA
propose emissions standards under the
Clean Air Act for lead from general
aviation aircraft. Alternatively, FOE
requests that EPA commence a study
and investigation of the health and
environmental impacts of lead
emissions from general aviation aircraft,
if EPA believes that insufficient
information exists to make such a
finding. In 2007, EPA issued a Federal
Register notice seeking comment on
FOE's petition. The notice asked a
series of questions seeking information
on exposure to lead emissions from
general aviation aircraft, lead emission
rates from general aviation aircraft,
unleaded aviation fuel options, and
engine technology.
EPA has long-standing concerns
regarding exposure to lead, particularly
during childhood. The most recent lead
National Ambient Air Quality
Standards review, finalized in 2008,
found that serious health effects occur
at much lower levels of lead in blood
than previously identified and did not
identify a safe level of lead exposure.
Emissions of lead from piston-engine
aircraft using leaded aviation gasoline
(avgas) comprise over half of the
national inventory of lead emitted to
air. There are almost 20,000 airport
facilities in the U.S. at which leaded
avgas is used. This action will describe
the lead inventory related to use of
leaded avgas, air quality and exposure
information, additional information the
Agency is collecting related to the
impact of lead emissions from piston-
engine aircraft on air quality and will
request comments on this information.
22
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Spring 2010 Semiannual Regulatory Agenda
EPA—Clean Air Act
Prerule Stage
Timetable:
Action
Date FR Cite
ANPRM
04/00/10
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: None
Additional Information: SAN No. 5373.
Agency Contact: Marion Hoyer,
Environmental Protection Agency, Air
and Radiation, AAHEBTC, Ann Arbor,
MI 48105
Phone: 734 214-4513
Email: hoyer.marion@epamail.epa.gov
Meredith Pedde, Environmental
Protection Agency, Air and Radiation,
AAHEBTC, Ann Arbor, MI 48105
Phone: 734 214-4748
Email:
pedde.meredith@epamail.epa.gov
RIN: 2060-AP79
576. • TIER II LIGHT-DUTY VEHICLE
AND LIGHT-DUTY TRUCK EMISSION
STANDARDS AND GASOLINE
SULFUR STANDARDS (SECTION 610
REVIEW)
Priority: Info./Admin./Other
Legal Authority: 5 USC 610
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: On February 10, 2000 (65 FR
6698), EPA promulgated a regulation to
require emission standards for light-
duty vehicles and light-duty trucks
through lowering tailpipe emission
standards. Specifically, EPA sought to
reduce emissions of nitrogen oxides
and non-methane hydrocarbons,
pollutants which contribute to ozone
pollution. The rulemaking also
provided limitations on the sulfur
content of gasoline available
nationwide. Sulfur in gasoline has a
detrimental impact on catalyst
performance and could be a limiting
factor in the introduction of advanced
technologies on motor vehicles.
Pursuant to section 610 of the
Regulatory Flexibility Act, on February
19, 2010, EPA initiated a review of this
rule to determine if it should be
continued without change, or should be
rescinded or amended to minimize
adverse economic impacts on small
entities (75 FR 7426). As part of this
review, EPA is considering, and has
solicited comments on, the following
factors: (1) The continued need for the
rule; (2) the nature of complaints or
comments received concerning the rule;
(3) the complexity of the rule; (4) the
extent to which the rule overlaps,
duplicates, or conflicts with other
Federal, State, or local government
rules; and (5) the degree to which
technology, economic conditions, or
other factors have changed in the area
affected by the rule. The results of
EPA's review will be summarized in a
report and placed in the docket EPA-
HQ-OAR-2010-0052. This docket can be
accessed at www.regulations.gov.
Timetable:
Action
Date
FR Cite
Final Rule
Begin Review
End Comment Period
End Review
02/10/00 65 FR 6698
02/19/10 75 FR 7426
03/22/10
10/00/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5432;
EPA publication information: Final
Action -
http://frwebgate.access.gpo.gov/ cgi-
bin/getdoc.cgi?dbname
=2000 register&docid =page+6697-
6746.pdf; Related to RIN 2060-AI23;
EPA Docket information: EPA-HQ-OAR-
2010-0052.
Agency Contact: Tad Wysor,
Environmental Protection Agency, Air
and Radiation, USEPA, Ann Arbor, MI
48105
Phone: 734 214-4332
Fax: 734 214-4816
Email: wysor.tad@epamail.epa.gov
Tom Eagles, Environmental Protection
Agency, Air and Radiation, 6103A,
Washington, DC 20460
Phone: 202 564-1952
Fax: 202 564-1554
Email: eagles.tom@epamail.epa.gov
RIN: 2060-AQ12
Environmental Protection Agency (EPA)
Clean Air Act
Proposed Rule Stage
577. REVISION TO DEFINITION OF
VOLATILE ORGANIC COMPOUNDS-
EXCLUSION OF METHYL IODIDE
Priority: Substantive, Nonsignificant
Legal Authority: CAA 301
CFR Citation: 40 CFR 51.100 (s)
Legal Deadline: None
Abstract: The EPA lists for regulation
certain volatile organic compounds
(VOCs) as precursors to ozone
formation under section 302(s) of the
Clean Air Act (CAA) and 40 CFR
51.100(s). While all VOCs have the
ability to react in the atmosphere to
form ozone, some VOCs react at such
a slow rate their contribution to
ground-level ozone is negligible.
Through regulation, the Agency can
exempt negligibly reactive compounds
from the definition of VOCs. VOCs that
are exempted from the CAA definition
are no longer necessary to control in-
State implementation plans for
attaining the national ambient air
quality standard for ozone. This rule
would address whether EPA should
exempt methyl iodide based on its
reactivity. This compound is used as
a pesticide.
Timetable:
Action
Date FR Cite
NPRM
06/00/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: State
Additional Information: SAN No. 5269;
We are receiving assistance from the
Significant New Alternatives Policy
(SNAP) Program and from Regional
Office 4 and 9; EPA Docket
information: EPA-HQ-OAR-2008-0350.
Agency Contact: Dave Sanders,
Environmental Protection Agency, Air
and Radiation, C539-01, RTF, NC
27711
Phone: 919 541-3356
Fax: 919 541-0824
Email: sanders.dave@epamail.epa.gov
William L Johnson, Environmental
Protection Agency, Air and Radiation,
C539-01, RTF, NC 20460
Phone: 919 541-5245
23
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Spring 2010 Semiannual Regulatory Agenda
EPA—Clean Air Act
Proposed Rule Stage
Fax: 919 541-0824
Email:
johnson.williaml@epamail.epa.gov
RIN: 2060-AP22
578. REVIEW OF THE NATIONAL
AMBIENT AIR QUALITY STANDARDS
FOR CARBON MONOXIDE
Priority: Economically Significant.
Major under 5 USC 801.
Legal Authority: 42 USC 7408; 42 USC
7409
CFR Citation: 40 CFR 50
Legal Deadline: NPRM, Judicial,
October 28, 2010, US District Court
Northern District of CA, San Francisco
Division 5/5/08.
Final, Judicial, May 13, 2011, US
District Court Northern District of CA,
San Francisco Division 5/5/08.
Abstract: Under the Clean Air Act,
EPA is required to review and, if
appropriate, revise the air quality
criteria for the primary (health-based)
and secondary (welfare-based) national
ambient air quality standards (NAAQS)
every 5 years. The last CO NAAQS
review occurred in 1994 with a
decision by the Administrator not to
revise the existing standards. The
current review, which initiated in
September 2007, includes the
preparation of an Integrated Science
Assessment, Risk/Exposure Assessment,
and a Policy Assessment Document by
EPA, with opportunities for review by
EPA's Clean Air Scientific Advisory
Committee and the public. These
documents inform the Administrator's
decision as to whether to retain or
revise the standards.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
11/00/10
05/00/11
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No. 4266;
EPA Docket information: EPA-HQ-OAR-
2008-0015.
URL For More Information:
www.epa.gov/ttn/naaqs/standards/co/
s co index.html
Agency Contact: Ines Pagan,
Environmental Protection Agency, Air
and Radiation, C5 04-06, RTF, NC
27711
Phone: 919 541-5469
Email: pagan.ines@epa.gov
Deirdre Murphy, Environmental
Protection Agency, Air and Radiation,
C504-06, RTF, NC 27711
Phone: 919 541-0729
Email: murphy.deirdre@epa.gov
RIN:2060-AI43
579. REVIEW OF THE NATIONAL
AMBIENT AIR QUALITY STANDARDS
FOR PARTICULATE MATTER
Priority: Economically Significant.
Major under 5 USC 801.
Legal Authority: 42 USC 7408; 42 USC
7409
CFR Citation: 40 CFR 50
Legal Deadline: None
Abstract: Under the Clean Air Act,
EPA is required to review and, if
appropriate, revise the air quality
criteria for the primary (health-based)
and secondary (welfare-based) national
ambient air quality standards (NAAQS)
every 5 years. On October 17, 2006,
EPA published a final rule to revise the
primary and secondary NAAQS for
particulate matter to provide increased
protection of public health and welfare.
With regard to the primary standard for
fine particles (generally referring to
particles less than or equal to 2.5
micrometers in diameter, PM2.5), EPA
revised the level of the 24-hour PM2.5
standard to 35 micrograms per cubic
meter (ug/m3) and retained the level
of the annual PM2.5 standard at 15
ug/m3. With regard to primary
standards for particles generally less
than or equal to 1 micrometers in
diameter (PM10), EPA retained the 24-
hour PM10 standard and revoked the
annual PM10 standard. With regard to
secondary PM standards, EPA made
them identical in all respects to the
primary PM standards, as revised. EPA
initiated the current review in 2007
with a workshop to discuss key policy-
relevant issues around which EPA
would structure the review. This
review includes the preparation of an
Integrated Science Assessment,
Risk/Exposure Assessment, and a
Policy Assessment by EPA, with
opportunities for review by EPA's
Clean Air Scientific Advisory
Committee and the public. These
documents inform the Administrator's
decision as to whether to retain or
revise the standards.
Timetable:
Action
Date FR Cite
NPRM
Final Action
12/00/10
08/00/11
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No. 5169;
EPA Docket information: EPA-HQ-OAR-
2007-0492.
URL For More Information:
www.epa.gov/air/particlepollution
Agency Contact: Beth Hassett-Sipple,
Environmental Protection Agency, Air
and Radiation, C504-06, Research
Triangle Park, NC 27711
Phone: 919 541-4605
Fax: 919 541-0237
Email: hassett-sipple.beth@epa.gov
Karen Martin, Environmental Protection
Agency, Air and Radiation, C5 04-06,
Research Triangle Park, NC 27711
Phone: 919 541-5274
Fax: 919 541-0237
Email: martin.karen@epamail.epa.gov
RIN: 2060-AO47
580. DECISION TO ALLOW STATES
UP TO 3 YEARS TO REVISE
IMPLEMENTATION PLANS FOR
PM2.5; PROPOSAL TO REVISE THE
INTERPOLLUTANT TRADING POLLCY
FOR PM2.5 OFFSETS
Priority: Other Significant
Legal Authority: 42 USC 7410; 42 USC
7501 et seq; 42 USC 7601(a)(l)
CFR Citation: 40 CFR 51
Legal Deadline: None
Abstract: This action completes the
proceeding for reconsidering the
challenged provisions by addressing the
two remaining issues associated with
the petition for reconsideration. EPA
received and granted a petition from
the National Resource Defense Council
and Sierra Club for reconsideration of
these four provisions. This action
completes the Agency's proceedings for
reconsideration by addressing the first
and fourth issues. Issues 2 and 3 have
been addressed in earlier rulemakings.
On May 16, 2008, EPA amended its
Prevention of Significant Deterioration
24
-------
Spring 2010 Semiannual Regulatory Agenda
EPA—Clean Air Act
Proposed Rule Stage
(PSD) rules to include new
requirements for Particulate Matter
(PM)2.5. Among other things, the final
rule (1) allowed States with State
Implementation Plan-approved PSD
programs up to 3 years to revise and
submit the new PM2.5 requirements to
EPA for approval, and to continue
using EPA's 1997 PM10 Surrogate
Policy until such revisions are
approved by EPA; (2) allowed permit
applicants to exclude, until January 1,
2010, any amounts of condensable
particulate matter from the calculation
of the proposed source's potential to
emit for applicability purposes; and (3)
allowed sources in PM2.5
nonattainment areas to use emissions
from precursors of PM2.5 as offsets for
significant increases of PM2.5
emissions, using ratios developed by
EPA or ratios developed and
demonstrated by the State.
Timetable:
Action
NPRM
Final Action
Date
10/00/10
To Be
FR Cite
Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No.
4752.5; Split from RIN 2060-AN86;
Split from RIN 2060-AK74; EPA Docket
information: EPA-HQ-OAR-2003-0062.
URL For More Information:
www.epa.gov/nsr/
Agency Contact: Dan DeRoeck,
Environmental Protection Agency, Air
and Radiation, C504-03, RTF, NC
27711
Phone: 919 541-5593
Fax: 919 541-5509
Email: deroeck.dan@epamail.epa.gov
Raj Rao, Environmental Protection
Agency, Air and Radiation, C504-03,
RTF, NC 27711
Phone: 919 541-5344
Fax: 919 541-5509
Email: rao.raj@epamail.epa.gov
RIN: 2060-AP72
581. PETROLEUM REFINERIES—NEW
SOURCE PERFORMANCE
STANDARDS (NSPS)—SUBPARTS J
AND JA
Priority: Other Significant. Major status
under 5 USC 801 is undetermined.
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 60
Legal Deadline: None
Abstract: On June 24, 2008, EPA
promulgated amendments to the
Standards of Performance for Petroleum
Refineries and new standards for
process units constructed,
reconstructed, or modified after May
14, 2007. EPA received three petitions
for reconsideration of the final rule. On
September 26, 2008, EPA granted
reconsideration and issued a stay for
the issues raised in the petitions
regarding process heaters and flares. On
December 22, 2008, EPA addressed
those specific issues by proposing
amendments to certain provisions for
process heaters and flares. EPA also
proposed various technical corrections
in that action that were raised in the
petitions for reconsideration. EPA will
take action on other issues raised by
petitioners in future notices. The notice
deferred action on all the other
reconsideration requests, including
greenhouse gas controls. A direct final
rule issued on December 22, 2008,
extended the stay until a final decision
on reconsideration has been reached.
Timetable:
Action
Date FR Cite
05/14/07 72 FR 27178
06/28/07 72 FR 35375
07/13/07
NPRM
NPRM Comment
Period Extended
NPRM Comment
Period End
NPRM Comment 08/27/07
Period Extended To
Final Rule 06/24/08 73 FR 35838
Response to 11/00/10
Reconsideration—
Other Issues—
NPRM
Response to 05/00/11
Reconsideration—
Other Issues—Final
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5036;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/ EPA-
AIR/2007/May/Day-14/a8547.htm;EPA
Docket information: EPA-HQ-OAR-
2007-0011.
Agency Contact: Bob Lucas,
Environmental Protection Agency, Air
and Radiation, E143-01, RTF, NC
27709
Phone: 919 541-0884
Fax: 919 541-0246
Email: lucas.bob@epamail.epa.gov
Ken Hustvedt, Environmental
Protection Agency, Air and Radiation,
E143-01, RTF, NC 27711
Phone: 919 541-5395
Fax: 919 685-3200
Email: hustvedt.ken@epamail.epa.gov
RIN: 2060-AN72
582. NESHAP SUBPART W:
STANDARDS FOR RADON EMISSIONS
FROM OPERATING URANIUM MILL
TAILINGS: REVIEW
Priority: Other Significant
Unfunded Mandates: Undetermined
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 61.250 to 61.256
Legal Deadline: None
Abstract: NESHAP subpart W protects
human health and the environment by
setting radon emission standards and
work practices for operating uranium
mill tailings impoundments. EPA is in
the process of reviewing this standard.
If necessary, we will revise the
NESHAP requirements for radon
emissions from operating uranium mill
tailings.
Timetable:
Action
Date FR Cite
NPRM
Final Action
03/00/11
To Be Determined
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: Federal,
State
Additional Information: SAN No. 5281.
Agency Contact: Reid Rosnick,
Environmental Protection Agency, Air
and Radiation, 6608J, Washington, DC
20460
Phone: 202 343-9563
Fax: 202 343-2304
Email: rosnick.reid@epamail.epa.gov
Loren Setlow, Environmental Protection
Agency, Air and Radiation, 6608J,
Washington, DC 20460
Phone: 202 343-9445
25
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Spring 2010 Semiannual Regulatory Agenda
EPA—Clean Air Act
Proposed Rule Stage
Fax: 202 343-2304
Email: setlow.loren@epamail.epa.gov
RIN: 2060-AP26
583. EVALUATION OF UPDATED TEST
PROCEDURES FOR THE
CERTIFICATION OF GASOLINE
DEPOSIT CONTROL ADDITIVES
Priority: Substantive, Nonsignificant
Legal Authority: CAA 211
CFR Citation: 40 CFR 80
Legal Deadline: None
Abstract: All gasoline must contain
additives to control the formation of
deposits in the fuel supply system and
engine of motor vehicles. If
uncontrolled, such deposits can result
in a significant increase in motor
vehicle emissions. This action will
propose that updated test procedures be
adopted for the certification of gasoline
deposit control additives regarding
their ability to control fuel injector and
intake valve deposits. The adoption of
the updated procedures will ensure that
the gasoline deposit control program
continues to ensure an adequate level
of deposit control, thereby preventing
an increase in motor vehicle emissions.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
10/00/10
11/00/11
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4531.
Agency Contact: Jeff Herzog,
Environmental Protection Agency, Air
and Radiation, ASD, Ann Arbor, MI
48105
Phone: 734 214-4227
Email: herzog.jeff@epamail.epa.gov
RIN: 2060-AJ61
584. PROTECTION OF
STRATOSPHERIC OZONE: AMENDING
REQUIREMENTS TO IMPORT
OZONE-DEPLETING SUBSTANCES
FOR DESTRUCTION IN THE U.S.
Priority: Other Significant
Legal Authority: 42 USC 7671 to 767lq
CFR Citation: 40 CFR 82
Legal Deadline: None
Abstract: EPA is proposing to revise
the requirements for import of Class I
and Class II controlled ozone-depleting
substances (controlled substances) into
the United States by streamlining
provisions for importing controlled
substances specifically for purposes of
destruction. The proposed provisions
would no longer require used imports
for destruction to abide by the petition
process but instead require a more
efficient pre-notification process to EPA
in the form of a certification of intent
to import for destruction for all imports
for destruction—both used and virgin.
The regulation would revise associated
recordkeeping and reporting
requirements for persons who import
controlled substances for destruction—
replacing an existing set of
requirements with a new, more
effective set of requirements. EPA is
also proposing to revise the regulations
governing the destruction of controlled
substances under 40 CFR part 82,
subpart A, by revising the definitions
governing destruction of controlled
substances and revising recordkeeping
and reporting requirements for persons
who destroy controlled substances.
While overall burden for respondents
will increase, this is due to the
additional participants that EPA
expects will take advantage of the new
regulatory process by importing
additional controlled substances for
destruction. If there were no additional
respondents projected to participate in
the import process, overall burden to
respondents would decrease. EPA
believes that the streamlined regulatory
provisions being proposed for importers
would ease overall burden, encouraging
more imports into the United States for
responsible destruction, and thus
would result in the destruction of
additional quantities of controlled
substances in the United States that
would have otherwise been emitted
into the atmosphere, where they
deplete the stratospheric ozone layer.
Timetable:
Action
Date FR Cite
NPRM
Final Action
04/00/10
11/00/10
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: Federal
International Impacts: This regulatory
action will be likely to have
international trade and investment
effects, or otherwise be of international
interest.
Additional Information: SAN No. 5017;
EPA Docket information: EPA-HQ-OAR-
2006-0130.
URL For More Information:
www.epa.gov/ozone/destruction.html
Agency Contact: Staci Gatica,
Environmental Protection Agency, Air
and Radiation, 6205J, Washington, DC
20460
Phone: 202 343-9469
Email: gatica.staci@epamail.epa.gov
Julius Banks, Environmental Protection
Agency, Air and Radiation, 6205J,
Washington, DC 20460
Phone: 202 343-9870
Fax: 202 565-2155
Email: banks.julius@epamail.epa.gov
RIN: 2060-AN48
585. PROTECTION OF
STRATOSPHERIC OZONE:
AMENDMENTS TO THE LEAK REPAIR
REGULATIONS
Priority: Other Significant
Legal Authority: 42 USC 7671 et seq
CFR Citation: 40 CFR 82.150 to 82.169
Legal Deadline: None
Abstract: This rulemaking would
amend the refrigerant leak repair
regulations (40 CFR 82, subpart F)
promulgated under section 608 of the
Clean Air Act. This rule would require
that owners and operators of comfort
cooling, commercial refrigeration, and
industrial process refrigeration
appliances that have ozone-depleting
charges greater than 50 pounds
calculate leak rates, verify all repairs,
and document repair efforts. This
rulemaking will provide further clarity
by adding definitions and discussing
compliance scenarios.
Timetable:
Action
Date FR Cite
NPRM
Final Action
06/00/10
12/00/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected:
Undetermined
Additional Information: SAN No. 4856;
EPA Docket information: EPA-HQ-OAR-
2003-0167.
URL For More Information:
26
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Spring 2010 Semiannual Regulatory Agenda
EPA—Clean Air Act
Proposed Rule Stage
www.epa.gov/ozone/title6/608
Agency Contact: Julius Banks,
Environmental Protection Agency, Air
and Radiation, 6205J, Washington, DC
20460
Phone: 202 343-9870
Fax: 202 565-2155
Email: banks.julius@epamail.epa.gov
Cindy Newberg, Environmental
Protection Agency, Air and Radiation,
6205J, Washington, DC 20460
Phone: 202 343-9729
Email: newberg.cindy@epamail.epa.gov
RIN: 2060-AM09
586. PROTECTION OF
STRATOSPHERIC OZONE: REVISION
TO LISTING OF CARBON DIOXIDE
TOTAL FLOODING FIRE
EXTINGUISHING SYSTEMS
RESTRICTING USE TO ONLY
UNOCCUPIED AREAS
Priority: Other Significant
Legal Authority: 42 USC 7414; 42 USC
7601; 42 USC 7671 to 7671q
CFR Citation: 40 CFR 82
Legal Deadline: None
Abstract: Section 612 of the Clean Air
Act requires EPA to identify
alternatives to Class I and II ozone-
depleting substances and to publish
lists of acceptable and unacceptable
substitutes. Carbon dioxide is currently
listed as an "acceptable" total flooding
substitute for ozone-depleting halons.
Carbon dioxide total flooding systems
are used in industrial applications such
as automobile paint rooms and in
marine applications such as machinery
spaces. Recent changes to national fire
protection industry standards reflect a
need to improve personnel safety
requirements for carbon dioxide
systems by limiting its applications.
Based on new information on the
continued and growing use of carbon
dioxide total flooding fire extinguishing
systems, EPA is proposing to revise the
listing to "acceptable subject to
narrowed use limits" to ensure that the
use of this agent does not pose greater
risk than other substitutes that are
available. Use would be limited to
unoccupied areas where personnel
could not be exposed to lethal
concentration of the agent.
Timetable:
Timetable:
Action
Date FR Cite
Action
Date FR Cite
NPRM
Final Action
09/00/10
07/00/11
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
International Impacts: This regulatory
action will be likely to have
international trade and investment
effects, or otherwise be of international
interest.
Additional Information: SAN No. 4991.
URL For More Information:
www.epa.gov/ozone/snap
Agency Contact: Bella Maranion,
Environmental Protection Agency, Air
and Radiation, 6205J, Washington, DC
20460
Phone: 202 343-9749
Email: maranion.bella@epamail.epa.gov
RIN: 2060-AN30
587. PROTECTION OF
STRATOSPHERIC OZONE: LISTING
OF SUBSTITUTES FOR
OZONE-DEPLETING
SUBSTANCES-HYDROCARBON
REFRIGERANTS
Priority: Other Significant
Legal Authority: 42 USC 7414; 42 USC
7601; 42 USC 7671 to 7671q
CFR Citation: 40 CFR 82
Legal Deadline: None
Abstract: This action would propose to
list a number of hydrocarbon
refrigerants as substitutes to ozone
depleting substances for certain
household and commercial uses under
EPA's Significant New Alternatives
Policy (SNAP) Program. The SNAP
Program evaluates alternatives to
ozone-depleting substances to ensure
that they do not increase overall risks
to human health and the environment
and lists these substitutes as acceptable,
acceptable subject to use conditions,
acceptable with narrowed use limits, or
unacceptable. This action would
propose to find a number of
hydrocarbons acceptable subject to use
conditions, including enforceable use
conditions to ensure the safe use of
hydrocarbons as refrigerants. This rule
is anticipated to give industry more
options with less overall environmental
and health impact than current
refrigerants.
NPRM
Final Action
05/00/10
01/00/11
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5339;
EPA Docket information: EPA-HQ-OAR-
2009-0286.
URL For More Information:
wf\vwf.epa.gov/ozone/snap/index.html
Agency Contact: Monica Shimamura,
Environmental Protection Agency, Air
and Radiation, 6205J, Washington, DC
20005
Phone: 202 343-9337
Fax: 202 343-2342
Email:
shimamura.monica@epamail.epa.gov
Margaret Sheppard, Environmental
Protection Agency, Air and Radiation,
6205J, Washington, DC 20460
Phone: 202 343-9163
Fax: 202 343-2338
Email:
sheppard.margaret@epamail.epa.gov
RIN: 2060-AP54
588. MEASUREMENT OF PM2.5 AND
PM10 EMISSIONS BY DILUTION
SAMPLING
Priority: Substantive, Nonsignificant
Legal Authority: 23 USC 101; 42 USC
7401 to 7671q
CFR Citation: 40 CFR 51 app M
Legal Deadline: None
Abstract: This regulation describes the
performance specifications and
procedures for the measurement of
particulate matter with an aerodynamic
size cut of both 10 microns and 2.5
microns using a dilution air technique
to cause the formation of condensable
particulate matter. States which are in
non-attainment to the national ambient
air quality standards may need to test
with this method to determine what
contribution specific sources cause to
the particulate matter burden. The use
of dilution sampling was recommended
by EPA's Science Advisory Board. They
believe that the dilution process
simulates the formation process that
occurs for particles in the ambient air.
A cyclonic separator is used to separate
the particulate matter into size cuts at
27
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Spring 2010 Semiannual Regulatory Agenda
EPA—Clean Air Act
Proposed Rule Stage
10 and 2.5 microns. The sample gas
is then diluted and the condensable
particles are formed and removed by
filtration. These procedures are
somewhat more complicated and costly
but provide lower potential for artifact
formation. Testing will be performed by
the large emissions sources such as
electric utilities, municipal
incinerators, cement manufacturing,
etc. in areas which do not meet the
ambient air standards of the national
ambient air quality standards. We do
not plan to publish a proposal until the
completion of the Method 201A/202
Revisions.
Timetable:
Action
Date FR Cite
NPRM 07/00/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State
Additional Information: SAN No. 5155.
Agency Contact: Jason Dewees,
Environmental Protection Agency, Air
and Radiation, E143-02, RTF, NC
27711
Phone: 919 541-9724
Fax: 919 541-0516
Email: dewees.jason@epamail.epa.gov
Candace Sorrell, Environmental
Protection Agency, Air and Radiation,
E143-02, RTF, NC 27711
Phone: 919 541-1064
Fax: 919 541-0516
Email: sorrell.candace@epa.gov
RIN: 2060-AO50
589. REVISIONS TO TEST METHOD
FOR DETERMINING STACK GAS
VELOCITY TAKING INTO ACCOUNT
VELOCITY DECAY NEAR THE STACK
WALLS
Priority: Substantive, Nonsignificant
Legal Authority: Clean Air Act title I
CFR Citation: 40 CFR 60
Legal Deadline: None
Abstract: This test method enables the
representative measurement of
pollutant emissions and/or total
volumetric flow from stationary
sources. When the method was
originally developed, it addressed only
sources where the flow measurements
were made in locations with circular
cross-sections within an exhaust stack.
This technical update to the test
method will address flow measurement
locations with both circular and
rectangular cross-sections. The
revisions also include changes that
increase the accuracy of the method
and simplify its application. The
primary users of the method will be
owners and operators of utility units
subject to the Acid Rain Program under
title IV of the Clean Air Act and certain
large electric generating units and large
non-electric generating units that are
subject to the nitrogen oxides (NOX)
state implementation plan (SIP) call
under title I of the Clean Air Act. These
sources use volumetric stack flow rate
monitors in order to measure sulfur
dioxide (SO2) and NOX mass emissions
and heat inputs emissions and must
conduct periodic relative accuracy test
assessments (RATAs) of the flow rate
monitors at these units.
Timetable:
Action
NPRM
NPRM Comment
Period End
Final Action
Date FR Cite
08/25/09 74 FR 428 19
10/26/10
10/00/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5237;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/ EPA-
AIR/2009/August/Day-25/a20395.pdf;
EPA Docket information: EPA-HQ-OAR-
2008-0697.
Agency Contact: Jason Dewees,
Environmental Protection Agency, Air
and Radiation, E143-02, RTF, NC
27711
Phone: 919 541-9724
Fax: 919 541-0516
Email: dewees.jason@epamail.epa.gov
Conniesue Oldham, Environmental
Protection Agency, Air and Radiation,
E143-02, RTF, NC 27711
Phone: 919 541-7774
Fax: 919 541-0516
Email:
oldham.conniesue@epamail.epa.gov
RIN: 2060-AP08
590. NESHAP: POLYVINYL CHLORIDE
AND COPOLYMERS PRODUCTION,
AMENDMENTS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63.210 to 217
Legal Deadline: None
Abstract: This action will amend the
National Emission Standards for
Hazardous Air Pollutants (NESHAP) for
Polyvinyl Chloride and Copolymers.
These standards were originally
promulgated on July 10, 2002 (67 FR
45886), but were vacated by the D.C.
Circuit on June 18, 2004, in Mossville
Environmental Action v. EPA, 370 F.3d
1232 (D.C. Cir. 2004).
Timetable:
Action
Date FR Cite
NPRM
Final Action
11/00/10
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN No. 4988;
EPA Docket information: EPA-HQ-OAR-
2002-0037.
Agency Contact: Jodi Howard,
Environmental Protection Agency, Air
and Radiation, E143-01, RTF, NC
27711
Phone: 919 541-4607
Fax: 919 541-0246
Email: howard.jodi@epamail.epa.gov
KG Hustvedt, Environmental Protection
Agency, Air and Radiation, E143-01,
Research Triangle Park, NC 27711
Phone: 919 541-5395
Email: hustvedt.ken@epa.gov
RIN: 2060-AN33
591. PERFORMANCE-BASED
MEASUREMENT SYSTEM FOR FUELS:
CRITERIA FOR SELF-QUALIFYING
ALTERNATIVE TEST METHODS;
DESCRIPTION OF OPTIONAL
STATISTICAL QUALITY CONTROL
MEASURES
Priority: Other Significant
Legal Authority: 42 USC 7545
CFR Citation: 40 CFR 80
Legal Deadline: None
Abstract: Transportation fuels (like
gasoline and diesel fuel) are regulated
28
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Spring 2010 Semiannual Regulatory Agenda
EPA—Clean Air Act
Proposed Rule Stage
by EPA under the Clean Air Act to
control the emissions that result when
they are burned in engines, and also
to protect engines' emission control
equipment. Fuels regulations require
measurement of various of the fuels'
properties, and prescribe "designated"
analytical methods for that purpose.
This regulation is intended to provide
a way for regulated parties to self-
qualify alternatives to the designated
measurement methods that may be
cheaper, quicker, simpler, more
amenable to automation, or otherwise
preferable. The regulation will also
prescribe a minimum level of statistical
quality control for all fuels test
methods, designated or alternative. The
regulations should quicken the
adoption of new measurement
technologies by removing the need for
multiple method-specific rulemakings,
but to do so in a way that will not
degrade the performance of the overall
measurement system. Introduction of
statistical quality control for all
methods should improve measurement
precision and accuracy in actual
practice across all methods.
Timetable:
Action
Date FR Cite
NPRM
Final Action
10/00/10
12/00/11
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4633.
Sectors Affected: 324199 All Other
Petroleum and Coal Products
Manufacturing; 54199 All Other
Professional, Scientific and Technical
Services; 334516 Analytical Laboratory
Instrument Manufacturing; 42271
Petroleum Bulk Stations and Terminals;
48691 Pipeline Transportation of
Refined Petroleum Products
Agency Contact: Joe Sopata,
Environmental Protection Agency, Air
and Radiation, 6406J, Washington, DC
20460
Phone: 202 343-9034
Fax: 202 343-2801
Email: sopata.joe@epamail.epa.gov
RIN: 2060-AK03
592. NATIONAL EMISSION
STANDARDS FOR HAZARDOUS AIR
POLLUTANTS FOR AREA SOURCES:
INDUSTRIAL, COMMERCIAL, AND
INSTITUTIONAL BOILERS
Priority: Economically Significant.
Major under 5 USC 801.
Unfunded Mandates: This action may
affect the private sector under PL 104-
4.
Legal Authority: Clean Air Act sec 112
CFR Citation: 40 CFR 63
Legal Deadline: NPRM, Judicial, April
15, 2010, A 60-day extension for
proposal was granted on June 30, 2009.
Final, Judicial, December 16, 2010.
Abstract: Section 112 of the Clean Air
Act (CAA) outlines the statutory
requirements for EPA's stationary
source air toxics program. Section 112
mandates that EPA develop standards
for hazardous air pollutants (HAP) for
both major and area sources listed
under section 112(c). This regulatory
action will develop emission standards
for boilers located at area sources.
Section 112(k) requires development of
standards for area sources, which
account for 90 percent of the emissions
in urban areas of the 30 urban (HAP)
listed in the Integrated Urban Air
Toxics Strategy. These area source
standards can require control levels
which are equivalent to either MACT
or generally available control
technology (GACT). The Integrated Air
Toxics Strategy lists industrial boilers
and commercial/institutional boilers as
area source categories for regulation
pursuant to Section 112(c). Industrial
boilers and institutional/commercial
boilers are on the list of section
112(c)(6) source categories. In this
rulemaking, EPA will develop
standards for these source categories.
Timetable:
Action
Date FR Cite
NPRM
Final Action
04/00/10
12/00/10
Regulatory Flexibility Analysis
Required: Yes
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No. 4884;
EPA Docket information: EPA-HQ-OAR-
2006-0790 (area source rule) and EPA-
HQ-OAR-2002-0058 (major source rule).
Agency Contact: Jim Eddinger,
Environmental Protection Agency, Air
and Radiation, C439-01, Research
Triangle Park, NC 27711
Phone: 919 541-5426
Email: eddinger.jim@epamail.epa.gov
RobertJ Wayland, Environmental
Protection Agency, Air and Radiation,
D243-01, RTF, NC 27711
Phone: 919 541-1045
Fax: 919 541-5450
Email:
wayland.robertj@epamail.epa.gov
Related RIN: Related to 2060-AQ25
RIN: 2060-AM44
593. NESHAP: DEFENSE LAND
SYSTEMS AND MISCELLANEOUS
EQUIPMENT
Priority: Other Significant
Legal Authority: Clean Air Act sec 112
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: In this action the EPA is
proposing emission standards for
hazardous air pollutants (HAP)
emissions from surface coating
operations performed on-site at
installations owned or operated by the
Armed Forces of the United States
(including the Coast Guard and the
National Guard of any such State), the
National Aeronautics and Space
Administration, and the National
Nuclear Security Administration.
Additionally, this proposed regulation
will consider potential control of HAP
emissions from the surface coating of
military munitions manufactured by or
for the Armed Forces of the United
States (including the Coast Guard and
the National Guard of any such State).
Aerospace and shipbuilding surface
coating operations at these installations
were originally covered by the already-
promulgated MACT standards for
aerospace manufacturing and rework
and shipbuilding and ship repair.
However, other recently-promulgated
surface coating MACT standards were
also expected to address other surface
coating operations at these installations
(e.g., miscellaneous metal parts and
products, plastic parts and products,
etc.). Following proposal of these
standards EPA received comments
indicating that a separate standard for
defense operations is a better approach.
Accordingly, this proposed rulemaking
is related to surface coating activities
29
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Spring 2010 Semiannual Regulatory Agenda
EPA—Clean Air Act
Proposed Rule Stage
at installations which do not meet the
applicability criteria of either the
Aerospace Manufacturing and Rework
or Shipbuilding and Ship Repair MACT
standards.
Timetable:
Action
Date FR Cite
NPRM
12/00/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No. 4926;
EPA Docket information: EPA-HA-OAR-
2005-0527.
Agency Contact: Kim Teal,
Environmental Protection Agency, Air
and Radiation, E-143-03, RTF, NC
27711
Phone: 919 541-5580
Fax: 919 541-3470
Email: teal.kim@epa.gov
Robin Dunkins, Environmental
Protection Agency, Air and Radiation,
E143-03, RTF, NC 27711
Phone: 919 541-5335
Fax: 919 541-3470
Email: dunkins.robin@epamail.epa.gov
RIN: 2060-AM84
594. IMPLEMENTING PERIODIC
MONITORING IN FEDERAL AND
STATE OPERATING PERMIT
PROGRAMS
Priority: Economically Significant.
Major under 5 USC 801.
Unfunded Mandates: This action may
affect the private sector under PL 104-
4.
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 70.6(c)(l); 40
CFR 71.6(c)(l); 40 CFR 64
Legal Deadline: None
Abstract: This rule would revise the
existing Compliance Assurance
Monitoring rule (40 CFR part 64) to be
implemented through the operating
permits rules (40 CFR parts 70 and 71).
The revised CAM rule would define
when periodic monitoring must be
created for sources to use in
determining compliance status relative
to applicable requirements (e.g.,
emissions limits). The revisions would
specify criteria and procedures that
source owners must address in creating
effective periodic monitoring. The
revisions will build on the success of
the 1997 rule by expanding
applicability to include emissions units
that do not use add-on control devices
but minimize pollutant emissions using
other types of control measures. This
federal rule will provide for greater
consistency in monitoring requirements
than can be achieved through processes
applied state-by-state and permit-by-
permit. The result will also further
satisfy the Clean Air Act requirement
that EPA require enhanced monitoring
sufficient to assure compliance for all
major sources.
Timetable:
Action
Date FR Cite
NPRM
Final Action
09/00/10
01/00/11
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No.
4699.2; Split from RIN 2060-AK29.
Agency Contact: Peter Westlin,
Environmental Protection Agency, Air
and Radiation, D243-05, RTF, NC
27711
Phone: 919 541-1058
Fax: 919 541-1039
Email: westlin.peter@epamail.epa.gov
Bob Schell, Environmental Protection
Agency, Air and Radiation, D243-05,
RTF, NC 27711
Phone: 919 541-1116
Fax: 919 541-3207
Email: schell.bob@epamail.epa.gov
RIN: 2060-ANOO
595. STANDARDS OF PERFORMANCE
FOR NEW STATIONARY SOURCES,
EMISSION GUIDELINES FOR
EXISTING SOURCES, AND FEDERAL
PLAN: SMALL MUNICIPAL WASTE
COMBUSTORS: REMAND RESPONSE
AND AMENDMENTS
Priority: Other Significant
Legal Authority: CAA sec 111; CAA sec
129
CFR Citation: 40 CFR 60 subpart
AAAA; 40 CFR 60 subpart BBBB; 40
CFR 62 subpart JJJ
Legal Deadline: None
Abstract: This rule would amend the
final (Dec. 2000) small municipal waste
combustors (MWC) new source
performance standards (NSPS),
emission guidelines (EG), and Federal
lll(d) plan. The small MWC rule
regulates owners and operators of small
MWC, which are MWC units with
capacities between 35 tons per day
(tpd) and 250 tpd. This action will
respond to the DC Circuit Court's
remand of the small MWC standards,
including assessment of the MACT
floors and all related analyses.
Timetable:
Action
Date FR Cite
NPRM
11/00/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State
Additional Information: SAN No. 4970;
EPA Docket information: EPA-HQ-OAR-
2005-0514.
Agency Contact: Brian Shrager,
Environmental Protection Agency, Air
and Radiation, D243-01, RTF, NC
27711
Phone: 919 541-7689
Fax: 919 541-5450
Email: shrager.brian@epa.gov
Walt Stevenson, Environmental
Protection Agency, Air and Radiation,
D243-01, RTF, NC 27711
Phone: 919 541-5264
Fax: 919 541-5450
Email: stevenson.walt@epa.gov
RIN: 2060-AN17
596. NESHAP: MERCURY CELL
CHLOR-ALKALI PLANTS,
AMENDMENTS
Priority: Other Significant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: This action is a supplemental
proposal for amendment of the national
emission standards for hazardous air
pollutants (NESHAP) for mercury
emissions from mercury cell chlor-
alkali plants that was promulgated in
2003. The 2003 NESHAP limited
mercury air emissions from existing
plants and prohibited the use of
mercury in new plants. Following
promulgation of the 2003 NESHAP,
EPA received a petition to reconsider
several aspects of the rule from the
Natural Resources Defense Council
30
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Spring 2010 Semiannual Regulatory Agenda
EPA—Clean Air Act
Proposed Rule Stage
(NRDC). NRDC also filed a petition for
judicial review of the rule in the U.S.
Court of Appeals for the B.C. Circuit.
By a letter dated April 8, 2004, EPA
granted NRDC's petition for
reconsideration, and on July 20, 2004,
the Court placed the petition for
judicial review in abeyance pending
EPA's action on the reconsideration. In
May 2008, EPA proposed amendments
in response to NRDC's petition for
reconsideration. The 2008 amendments
proposed changes to the regulation for
cell room fugitive mercury emissions to
require work practice standards for the
cell rooms as well as to require
instrumental monitoring of cell room
fugitive mercury emissions. The 2008
proposed rule also amended aspects of
the 2003 NESHAP to correct errors and
inconsistencies that had been brought
to EPA's attention since the NESHAP
was promulgated. This supplemental
proposal will add an additional control
option to prohibit mercury emissions
from existing plants that, in effect,
requires conversion to an alternate
chlorine production technology.
Timetable:
Action
Date FR Cite
06/11/08 73 FR 33258
08/11/08
NPRM
NPRM Comment
Period End
Supplemental NPRM 05/00/10
Final Action To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 5095;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/ EPA-
AIR/2008/June/Day-ll/al2618.pdf;EPA
Docket information: EPA—HQ— OAR—
2002—0017.
Agency Contact: Donna Jones,
Environmental Protection Agency, Air
and Radiation, D243-02, RTF, NC
27709
Phone: 919 541-5251
Fax: 919 541-3207
Email: jones.donnalee@epa.gov
Steve Fruh, Environmental Protection
Agency, Air and Radiation, D243-02,
Research Triangle Park, NC 27711
Phone: 919 541-2837
Fax: 919 541-4991
Email: fruh.steve@epamail.epa.gov
RIN: 2060-AN99
597. NATIONAL EMISSION
STANDARDS FOR HAZARDOUS AIR
POLLUTANTS: SHIPBUILDING AND
SHIP REPAIR (SURFACE COATING)
OPERATIONS—AMENDMENT
Priority: Substantive, Nonsignificant
Legal Authority: Clean Air Act sec 112
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: On December 15, 1995, the
EPA issued national emission standards
for hazardous air pollutants (NESHAP)
under Section 112 of the Clean Air Act
for shipbuilding and ship repair
(surface coating) operations. The
NESHAP sets Maximum Achievable
Control Technology (MACT) standards
for existing and new major sources of
hazardous air pollutant emissions. This
action is intended to more clearly state
the distinction between and the
definition of ship and pleasure craft.
It is being issued in response to
questions concerning whether yachts
greater than 20 meters (78.7 feet) in
length are ships and, therefore subject
to the shipbuilding NESHAP. This
proposed action will ensure that all
activities such as pleasure vessels
(yachts) intended to be subject to the
NESHAP are in fact subject to it.
Timetable:
Action
Date
FR Cite
12/29/06 71 FR 78392
12/29/06 71 FR 78369
01/29/07
NPRM
Direct Final Action
NPRM Comment
Period End
Withdrawal of Direct 02/27/07 72 FR 8630
Final
Reproposal 12/00/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5106;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/ EPA-
AIR/2006/December/Day-
29/a22428.htm; EPA Docket
information: EPA-HQ-OAR-2004-0357.
Agency Contact: Kim Teal,
Environmental Protection Agency, Air
and Radiation, E-143-03, RTF, NC
27711
Phone: 919 541-5580
Fax: 919 541-3470
Email: teal.kim@epa.gov
Robin Dunkins, Environmental
Protection Agency, Air and Radiation,
E143-03, RTF, NC 27711
Phone: 919 541-5335
Fax: 919 541-3470
Email: dunkins.robin@epamail.epa.gov
RIN: 2060-AO03
598. COMMERCIAL AND INDUSTRIAL
SOLID WASTE INCINERATION UNITS;
RESPONSE TO REMAND OF NEW
SOURCE PERFORMANCE
STANDARDS AND EMISSION
GUIDELINES
Priority: Other Significant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 60; 40 CFR 62
Legal Deadline: NPRM, Judicial, April
15, 2010.
Final, Judicial, December 16, 2010.
Abstract: This action will respond to
the remand of the Commercial and
Industrial Solid Waste Incineration
(CISWI) New Source Performance
Standards and Emission Guidelines
under section 129 of the Clean Air Act.
Among other things, we will respond
to the Court's 2003 remand of the
CISWI rule and the Court's June 2007
vacatur of the CISWI Definitions Rule,
and examine and revise, as appropriate,
the methodology for developing the
MACT floors and emission limits.
Timetable:
Action
Date FR Cite
NPRM
Final Action
04/00/10
12/00/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 5105;
EPA Docket information: EPA-HQ-OAR-
2003-0119.
Agency Contact: Toni Jones,
Environmental Protection Agency, Air
and Radiation, E143-03, RTF, NC
27711
Phone: 919 541-0316
Fax: 919 541-3470
Email: jones.toni@epamail.epa.gov
Charlene Spells, Environmental
Protection Agency, Air and Radiation,
E143-03, RTF, NC 27711
Phone: 919 541-5255
Fax: 919 541-3470
Email: spells.charlene@epamail.epa.gov
RIN: 2060-AO12
31
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Spring 2010 Semiannual Regulatory Agenda
EPA—Clean Air Act
Proposed Rule Stage
599. REVISION TO DEFINITION OF
VOLATILE ORGANIC COMPOUNDS-
EXCLUSION OF FAMILY OF FOUR
HYDROFLUOROPOLYETHERS
(HFPES) AND HFE-347PC-F
Priority: Other Significant
Legal Authority: Clean Air Act sec 301
CFR Citation: 40 CFR 5l.lOO(s)
Legal Deadline: None
Abstract: The EPA lists for regulation
certain volatile organic compounds
(VOCs) as precursors to ozone
formation under section 302(s) of the
Clean Air Act (CAA) and 40 CFR
51.100(s). While all VOCs have the
ability to react in the atmosphere to
form ozone, some VOCs react at such
a slow rate their contribution to
ground-level ozone is negligible.
Through regulation, the Agency can
exempt negligibly reactive compounds
from the definition of VOCs. VOCs that
are exempted from the CAA definition
are no longer necessary to control in
State implementation plans for
attaining the national ambient air
quality standard for ozone. In 2005 and
2007 the EPA received petitions to
exclude a family of four HFPEs and
also HFE-347pc-f from the list of
regulated VOCs on the basis that, as
precursors, these compounds make a
negligible contribution to the formation
of ground level ozone. These
compounds have the potential for use
as refrigerants because they are not
stratospheric ozone depleters.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
12/00/10
08/00/11
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 5131.
Agency Contact: Dave Sanders,
Environmental Protection Agency, Air
and Radiation, C539-01, RTF, NC
27711
Phone: 919 541-3356
Fax: 919 541-0824
Email: sanders.dave@epamail.epa.gov
William L Johnson, Environmental
Protection Agency, Air and Radiation,
C539-01, RTF, NC 20460
Phone: 919 541-5245
Fax: 919 541-0824
Email:
johnson.wfilliaml@epamail.epa.gov
RIN: 2060-AO17
600. RESPONSE TO REQUEST FOR
RECONSIDERATION OF FINAL AIR
EMISSION MACT RULES FOR LARGE
MUNICIPAL WASTE COMBUSTORS
(MWCS)
Priority: Other Significant
Legal Authority: Clean Air Act sec 129
CFR Citation: 40 CFR 60
Legal Deadline: None
Abstract: EPA originally adopted air
emission standards for new and
existing large municipal waste
combustors (MWCs) in 1995. As
required by section 129 of the Clean
Air Act, EPA reviewed these standards
and proposed revised standards. The
proposal occurred on December 19,
2005, and final standards were
published on May 10, 2006 (71 FR
27323). A number of individuals filed
litigation on various aspects of the
standards. Moreover, the Agency
received a separate petition to reopen
the section 129(a)(2) standards. EPA
agreed to initiate such an action.
Accordingly, EPA petitioned the court
to remand the 2006 LMWC rule to EPA.
The court issued the remand in
February 2008.
Timetable:
Action
Date FR Cite
Notice of
Reconsideration of
Final Rule
NPRM
Final Action
03/20/07 72 FR 13016
07/00/10
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5120;
EPA publication information: Notice of
reconsideration of final rule -
http://www.epa.gov/fedrgstr/ EPA-
AIR/2007/March/Day-20/a5022.htm.
Agency Contact: Walt Stevenson,
Environmental Protection Agency, Air
and Radiation, D243-01, RTF, NC
27711
Phone: 919 541-5264
Fax: 919 541-5450
Email: stevenson.walt@epa.gov
Brian Shrager, Environmental
Protection Agency, Air and Radiation,
D243-01, RTF, NC 27711
Phone: 919 541-7689
Fax: 919 541-5450
Email: shrager.brian@epa.gov
RIN: 2060-AO18
601. ADOPTION OF INTERNATIONAL
NOX STANDARD FOR AIRCRAFT
ENGINES
Priority: Other Significant
Legal Authority: 42 USC 7571
CFR Citation: 40 CFR 87 (Revision)
Legal Deadline: None
Abstract: This rulemaking would
amend the existing United States
regulations governing the exhaust
emissions from new commercial aircraft
gas turbine engines. This action would
adopt standards equivalent to the NOx
standards of the United Nations
International Civil Aviation
Organization (ICAO), and thereby bring
the United States emission standards
into alignment with the internationally
adopted standards. These NOx
standards were adopted by ICAO's
Committee on Aviation Environmental
Protection (CAEP) in 2004 and 2010.
The proposed rule would establish
consistency between United States and
international requirements. This action
is necessary to ensure that domestic
commercial aircraft meet the current
international standards.
Timetable:
Action
Date FR Cite
NPRM
Final Action
10/00/10
10/00/11
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5153.
Agency Contact: Bryan Manning,
Environmental Protection Agency, Air
and Radiation, 2000 Traverwood Dr.,
Ann Arbor, MI 48105
Phone: 734 214-4832
Fax: 734 214-4816
Email: manning.bryan@epa.gov
Glenn Passavant, Environmental
Protection Agency, Air and Radiation,
USEPA, Ann Arbor, MI 48105
Phone: 734 214-4408
32
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Spring 2010 Semiannual Regulatory Agenda
EPA—Clean Air Act
Proposed Rule Stage
Email:
passavant.glenn@epamail.epa.gov
RIN: 2060-AO70
602. NESHAP: REINFORCED PLASTIC
COMPOSITES PRODUCTION RULE
AMENDMENTS
Priority: Other Significant
Legal Authority: Not Yet Determined
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: In 2003, EPA issued national
emission standards for hazardous air
pollutants for reinforced plastic
composites production (40 CFR 63
subpart WWWW), and this was
followed by amendments in 2005.
Following these amendments, industry
and States have asked for clarification
and amendments of some rule
requirements. This action will provide
the needed clarifications and
amendments.
Timetable:
Action
Date FR Cite
NPRM
06/00/10
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: None
Additional Information: SAN No. 5232.
Agency Contact: Steve Shedd,
Environmental Protection Agency, Air
and Radiation, E143-01, RTF, NC
27711
Phone: 919 541-5397
Fax: 919 685-3195
Email: shedd.steve@epamail.epa.gov
Ken Hustvedt, Environmental
Protection Agency, Air and Radiation,
E143-01, RTF, NC 27711
Phone: 919 541-5395
Fax: 919 685-3200
Email: hustvedt.ken@epamail.epa.gov
RIN: 2060-AP05
603. NEW SOURCE PERFORMANCE
STANDARDS FOR GRAIN
ELEVATORS—AMENDMENTS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7411; Clean
Air Act sec 111; 15 USC 2005
CFR Citation: 40 CFR 60.300 (Revision)
Legal Deadline: None
Abstract: The New Source Performance
Standard for Grain Elevators was
promulgated in 1978 with the latest
amendments made in 1984. Since that
time, there have been a number of
changes in the technology used for
storing and loading/unloading grain at
elevators. Definitions in the current
regulation do not fit some of the
current technologies being used at
elevators throughout the country. These
definitional issues have come to the
forefront most recently due to the
increase in ethanol production that has
lead to bumper crops of corn being
grown, which has led to a need for
increased grain storage. For these
reasons, a review/change of these
definitions is necessary to ensure the
appropriate standards are being applied
consistently throughout the industry.
Timetable:
Action
Date FR Cite
NPRM
Final Action
08/00/10
12/00/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5233.
Agency Contact: Bill Schrock,
Environmental Protection Agency, Air
and Radiation, E143-03, RTF, NC
27711
Phone: 919 541-5032
Fax: 919 541-3470
Email: schrock.bill@epamail.epa.gov
Robin Dunkins, Environmental
Protection Agency, Air and Radiation,
E143-03, RTF, NC 27711
Phone: 919 541-5335
Fax: 919 541-3470
Email: dunkins.robin@epamail.epa.gov
RIN: 2060-AP06
604. REGULATION OF FUEL AND
FUEL ADDITIVES: GASOLINE AND
DIESEL FUEL TEST METHODS
Priority: Substantive, Nonsignificant
Legal Authority: Clean Air Act sec 211
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: This rule would allow
refiners and laboratories to use more
current and improved fuel testing
procedures for certain American
Society for Testing and Materials
(ASTM) analytical test methods. Once
these test method changes are adopted,
they will supersede the corresponding
earlier versions of these test methods
in EPA's motor vehicle fuel regulations.
Finally, the rule would allow an
alternative test method for olefins in
gasoline. This rule would allow
improvements in the test method
procedure to ensure better operation
and provide additional flexibility to the
regulated community. The clean air
benefits of EPA's gasoline and diesel
motor vehicle fuel programs will
continue to be realized. There will be
no adverse health or environmental
impact as a result of these test method
changes or updates.
Timetable:
Action
Date FR Cite
12/08/08 73 FR 74403
12/08/08 73 FR 74350
01/07/09
02/06/09 74 FR 6233
NPRM
Direct Final Rule
NPRM Comment
Period End
Partial Withdrawl of
Direct Final Rule
Supplemental NPRM 04/00/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5261;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/ EPA-
AIR/2008/December/Day-
08/a28372.pdf.
Agency Contact: Joe Sopata,
Environmental Protection Agency, Air
and Radiation, 6406J, Washington, DC
20460
Phone: 202 343-9034
Fax: 202 343-2801
Email: sopata.joe@epamail.epa.gov
RIN: 2060-AP17
605. IMPLEMENTATION RULE FOR A
RECONSIDERED OZONE NAAQS IN
2010
Priority: Other Significant
Unfunded Mandates: Undetermined
Legal Authority: 42 USC 7409; 42 USC
7410; 42 USC 7511 to 751lf; 42 USC
7601(a)(l)
CFR Citation: 40 CFR 51; 40 CFR 50
Legal Deadline: Other, Statutory,
March 25, 2010, Impl. rule final app.
signed by admin, on same day as the
admin, signs the final decision on 2010
NAAQS, court-ordered of 8/31/10.
Abstract: This action would establish
rules and policies for implementing the
33
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Spring 2010 Semiannual Regulatory Agenda
EPA—Clean Air Act
Proposed Rule Stage
8-hour ozone national ambient air
quality standard (NAAQS) established
through a final action reconsidering the
2008 8-hour ozone standard. We expect
to take final action on the
reconsideration by August 2010 (the
"2010 ozone standard"). This
implementation rule would addresses
the classification system for designated
nonattainment areas, anti-backsliding
requirements for the 1997 ozone
standard, and the implementation
requirements under the Clean Air Act,
title I, part D, subparts 1 and 2, as they
would apply to a final 2010 standard,
including requirements for attainment
demonstrations, reasonable further
progress, reasonably available control
technology (RACT), reasonably
available control measures (RACM),
nonattainment new source review
(NSR), emission inventory, and others.
In addition, it would address the timing
of SIP submissions, compliance
periods, and attainment dates, and
would address other implementation
topics.
Timetable:
Action
Date FR Cite
NPRM
Final Action
08/00/10
12/00/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State
Additional Information: SAN No. 5275;
EPA Docket information: EPA-HQ-OAR-
2008-0744.
Agency Contact: Butch Stackhouse,
Environmental Protection Agency, Air
and Radiation, C539-01, RTF, NC
27711
Phone: 919 541-5208
Fax: 919 541-0824
Email:
stackhouse .butch@ep amail. ep a.gov
RIN: 2060-AP24
606. IMPLEMENTATION OF THE 1997
8-HOUR OZONE NATIONAL AMBIENT
AIR QUALITY STANDARD: NSR
ANTI-BACKSLIDING
Priority: Other Significant
Legal Authority: 42 USC 7410; 42 USC
7511 to 7511f; 42 USC 7601(a)(l)
CFR Citation: 40 CFR 51
Legal Deadline: None
Abstract: This action proposes to revise
the rule for implementing the 1997 8-
hour ozone national ambient air quality
standard (NAAQS). The rule will
address how nonattainment major new
source review (NSR) requirements
apply under the anti-backsliding
provisions of the implementation rule
in response to a partial vacatur by the
U.S. Court of Appeals for the District
of Columbia Circuit.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
08/00/10
04/00/11
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State
Additional Information: SAN No.
5194.2; Split from RIN 2060-AO96; EPA
Docket information: EPA-HQ-OAR-
2007-0956.
URL For More Information:
Agency Contact: David Painter,
Environmental Protection Agency, Air
and Radiation, C504-03, RTF, NC
27711
Phone: 919 541-5515
Fax: 919 541-5509
Email: painter.david@epa.gov
Raj Rao, Environmental Protection
Agency, Air and Radiation, C504-03,
RTF, NC 27711
Phone: 919 541-5344
Fax: 919 541-5509
Email: rao.raj@epamail.epa.gov
RIN: 2 060- APS 0
607. NSPS EQUIPMENT LEAKS;
AMENDMENTS
Priority: Other Significant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 60
Legal Deadline: None
Abstract: On November 16, 2007, EPA
published amendments to the new
source performance standards for
equipment leaks in 40 CFR part 60,
subparts VV, and GGG, and
promulgated new subparts VVa and
GGGa. After promulgation of the rule
we received a petition for
reconsideration from the American
Chemistry Council (ACC), American
Petroleum Institute (API), and National
Petrochemical Refiners Association
(NPRA), which we granted in part on
March 4, 2008. This action will address
those reconsideration issues.
Timetable:
Action
Date FR Cite
NPRM
Final Action
04/00/10
To Be Determined
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected:
Undetermined
Additional Information: SAN No.
5035.2; Split from RIN 2060-AO90.
Split from RIN 2060-AN71; EPA Docket
information: EPA-HQ-OAR-2006-0699.
Agency Contact: Jodi Howard,
Environmental Protection Agency, Air
and Radiation, E143-01, RTF, NC
27711
Phone: 919 541-4607
Fax: 919 541-0246
Email: howard.jodi@epamail.epa.gov
Ken Hustvedt, Environmental
Protection Agency, Air and Radiation,
E143-01, RTF, NC 27711
Phone: 919 541-5395
Fax: 919 685-3200
Email: hustvedt.ken@epamail.epa.gov
RIN: 2060-AP34
608. IN-USE EMISSIONS TESTING
FOR NONROAD DIESEL ENGINES
AND AMENDMENTS TO GENERAL
COMPLIANCE PROVISIONS FOR
NONROAD ENGINES
Priority: Substantive, Nonsignificant
Unfunded Mandates: Undetermined
Legal Authority: Not Yet Determined
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: This rulemaking will
establish a manufacturer-run, in-use
emissions testing program for 2013 and
later model year nonroad diesel engines
used in non-road equipment. The new
program will assess in-use gaseous and
particulate exhaust emission rates from
nonroad diesel engines using portable
emission measurement systems.
Manufacturers will monitor compliance
with the applicable not-to-exceed
emission standards by typically testing
in-use diesel engines during normal
operation. If potentially non-complying
engines are identified, the manufacturer
will test more engines for the purpose
of determining if any further action is
necessary. EPA will likewise evaluate
34
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Spring 2010 Semiannual Regulatory Agenda
EPA—Clean Air Act
Proposed Rule Stage
the in-use emissions data to make
independent determinations about the
possible need to pursue further testing
or to initiate remedial actions. The in-
use test data will not only be used by
EPA to assure that emission standards
are being met, but also by
manufacturers to improve their engine
designs. This program will address a
serious, long-standing need for "real-
world" in-use testing data to gauge the
performance of engine emission
controls.
Timetable:
Action
Date FR Cite
NPRM
Final Action
06/00/10
12/00/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5318
Agency Contact: Rich Wilcox,
Environmental Protection Agency, Air
and Radiation, NVFEL, Ann Arbor, MI
48105
Phone: 734 214-4390
Email: wlcox.rich@epamail.epa.gov
Philip Carlson, Environmental
Protection Agency, Air and Radiation,
AANC, Ann Arbor, MI 48105
Phone: 734 214-4270
Email: carlson.philip@epamail.epa.gov
RIN: 2060-AP41
609. NATIONAL EMISSIONS
STANDARD FOR HAZARDOUS AIR
POLLUTANTS FOR GOLD MINE ORE
PROCESSING
Priority: Other Significant
Legal Authority: CAA sec H2(c)(6)
CFR Citation: 40 CFR 63
Legal Deadline: NPRM, Judicial, April
15, 2010.
Final, Statutory, December 16, 2010.
Abstract: EPA is developing a national
emissions standard for hazardous air
pollutants (NESHAP) for gold mine ore
processing facilities under section 112
of the Clean Air Act. This action is
being developed to help fulfill a
mandate under section 112(c)(6) of the
Clean Air Act, which requires EPA to
list categories and subcategories of
sources assuring that sources
accounting for not less than 90 per
centum of the aggregate emissions of
mercury are subject to standards under
subsection 112(d)(2) or 112(d)(4) of the
Clean Air Act. This action will help
protect human health and the
environment by proposing controls for
mercury emissions from this source
category.
Timetable:
Action
Date FR Cite
NPRM
Final Action
04/00/10
12/00/10
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: None
Additional Information: SAN No. 5329
Agency Contact: Chuck French,
Environmental Protection Agency, Air
and Radiation, D243-02, Research
Triangle Park, NC 27711
Phone: 919 541-7912
Fax: 919 541-3207
Email: french.chuck@epa.gov
Steve Fruh, Environmental Protection
Agency, Air and Radiation, D243-02,
Research Triangle Park, NC 27711
Phone: 919 541-2837
Fax: 919 541-4991
Email: fruh.steve@epamail.epa.gov
RIN: 2060-AP48
610. TRANSPORT RULE (CAIR
REPLACEMENT RULE)
Priority: Economically Significant.
Major under 5 USC 801.
Unfunded Mandates: This action may
affect the private sector under PL 104-
4.
Legal Authority: Clean Air Act title I
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: On May 12, 2005, the
Environmental Protection Agency (EPA)
promulgated the Clean Air Interstate
Rule, commonly known as CAIR (70 FR
25162). The CAIR used a cap and trade
approach to reduce sulfur dioxide
(SO2) and nitrogen oxides (NOx)
emissions. On July 11, 2008, the D.C.
Circuit issued an opinion finding parts
of the CAIR unlawful and vacating the
rule. On December 23, the D.C. Circuit
issued a decision on the petitions for
rehearing of the July 11 decision. The
court granted EPA's petition for
rehearing to the extent that it remanded
the cases without vacatur of the CAIR.
This ruling means that the CAIR
remains in place, but that EPA is
obligated to promulgate another rule
under Clean Air Act section
110(a)(2)(D) consistent with the court's
July 11 opinion. This action would
fulfill our obligation to develop a rule
consistent with the July 11, 2008, and
December 23, 2008, D.C. Court
decisions.
Timetable:
Action
Date FR Cite
NPRM
Final Action
06/00/10
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Local,
State
Federalism: Undetermined
Additional Information: SAN No. 5336;
EPA Docket information: EPA-HQ-OAR-
2009-0491.
Agency Contact: Tim Smith,
Environmental Protection Agency, Air
and Radiation, C539-04, RTF, NC
27711
Phone: 919 541-4718
Fax: 919 541-5489
Email: smith.tim@epamail.epa.gov
Rhea Jones, Environmental Protection
Agency, Air and Radiation, C539-04,
RTF, NC 27709
Phone: 919 541-2940
Fax: 919 541-0824
Email: jones.rhea@epa.gov
RIN: 2060-AP50
611. NATIONAL EMISSION
STANDARDS FOR HAZARDOUS AIR
POLLUTANTS FOR COAL- AND
OIL-FIRED ELECTRIC UTILITY STEAM
GENERATING UNITS
Priority: Economically Significant.
Major under 5 USC 801.
Unfunded Mandates: Undetermined
Legal Authority: Clean Air Act sec
CFR Citation: 40 CFR 63
Legal Deadline: NPRM, Judicial, March
16, 2011.
Final, Judicial, November 16, 2011.
Abstract: On May 18, 2005 (70 FR
28606) , EPA published a final rule
requiring reductions in emissions of
mercury from Electric Utility Steam
Generating Units. That rule was vacated
on February 8, 2008, by the U.S. Court
of Appeals for the District of Columbia
Circuit. As a result of that vacatur, coal-
35
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Spring 2010 Semiannual Regulatory Agenda
EPA—Clean Air Act
Proposed Rule Stage
and oil-fired electric utility steam
generating units remain on the list of
sources that must be regulated under
section 112 of the Clean Air Act (CAA).
The Agency will develop standards
under CAA section 112(d) which will
reduce hazardous air pollutant (HAP)
emissions from this source category.
Recent court decisions on other CAA
section 112(d) rules will be considered
in developing this regulation.
Timetable:
Action
Date FR Cite
NPRM
Final Action
03/00/11
11/00/11
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: Federal,
Local, State, Tribal
Federalism: Undetermined
Additional Information: SAN No. 5349;
EPA Docket information: EPA-HQ-OAR-
2009-0234.
Agency Contact: Bill Maxwell,
Environmental Protection Agency, Air
and Radiation, D243-01, RTF, NC
27711
Phone: 919 541-5430
Fax: 919 541-5450
Email: maxwell.bill@epamail.epa.gov
Robert] Wayland, Environmental
Protection Agency, Air and Radiation,
D243-01, RTF, NC 27711
Phone: 919 541-1045
Fax: 919 541-5450
Email:
wayland.robertj@epamail.epa.gov
RIN: 2060-AP52
612. TRANSPORTATION CONFORMITY
RULE RESTRUCTURING
AMENDMENTS
Priority: Substantive, Nonsignificant
Legal Authority: Not Yet Determined
CFR Citation: Not Yet Determined
Legal Deadline: Other, Statutory, June
11, 2010, New Ozone areas need rule
by 6/2010 to make 1st conformity
determinat'n by CAA deadline, 1 yr
from effective date of designat'ns.
Abstract: The transportation
conformity rule ensures that
transportation planning is consistent
with a State's plan for achieving air
quality standards. These amendments
will update the rule to apply existing
conformity requirements to future
NAAQS such that the need for future
rulemakings merely to address
conformity for a new or revised
NAAQS will be minimized.
Timetable:
Timetable:
Action
Date
FR Cite
NPRM
Final Action
06/00/10
12/00/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5348
Agency Contact: Patty Klavon,
Environmental Protection Agency, Air
and Radiation, AASMCG, Ann Arbor,
MI 48105
Phone: 734 214-1476
Email: klavon.patty@epamail.epa.gov
Laura Berry, Environmental Protection
Agency, Air and Radiation, AASMCG,
Ann Arbor, MI 48105
Phone: 734 214-1858
Email: berry.laura@epamail.epa.gov
RIN: 2060-APS7
613. • CONTROL OF GREENHOUSE
GAS EMISSIONS FROM HEAVY-DUTY
VEHICLES
Priority: Economically Significant.
Major under 5 USC 801.
Unfunded Mandates: This action may
affect the private sector under PL 104-
4.
Legal Authority: Clean Air Act sec 202
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: This action would set
national emission standards under the
Clean Air Act to control greenhouse gas
emissions from heavy duty trucks and
buses. This rulemaking would
significantly reduce GHG emissions
from future heavy duty vehicles by
setting GHG standards that would lead
to the introduction of GHG-reducing
vehicle and engine technologies. This
action follows the U.S. Supreme Court
decision in Massachusetts vs. EPA and
would follow EPA's formal
determination on endangerment for
GHG emissions. This rulemaking also
follows the Advance Notice of
Proposed Rulemaking "Regulating
Greenhouse Gas Emissions Under the
Clean Air Act" (73 FR 44354, July 20,
2008).
Action
Date
FR Cite
NPRM
Final Action
06/00/10
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No. 5355.
Agency Contact: Byron Bunker,
Environmental Protection Agency, Air
and Radiation, AAHDOC, Ann Arbor,
MI 48105
Phone: 734 214-4155
Email: bunker.byron@epamail.epa.gov
Angela Cullen, Environmental
Protection Agency, Air and Radiation,
AAHDOC, Ann Arbor, MI 48105
Phone: 734 214-4419
Email: cullen.angela@epamail.epa.gov
RIN: 2060-AP61
614. EMISSIONS FACTORS PROGRAM
IMPROVEMENTS
Priority: Other Significant
Unfunded Mandates: Undetermined
Legal Authority: Not Yet Determined
CFR Citation: 40 CFR 60, 61, and 63
Legal Deadline: None
Abstract: EPA intends to implement a
multi-part process to improve the air
pollutant emissions factors program.
Emissions factors, based on averaged
data from industrial process
performance tests, were established to
fill emissions data gaps when
developing emissions inventories. Most
EPA emissions factors reside in a
database called AP-42. We believe that
implementing this multi-part effort will
result in a self-sustaining emissions
factors program receiving ongoing data
submittals that will greatly improve
emissions estimation for regulatory
authorities and others to use in: (1)
Developing emissions inventories, (2)
updating emissions standards, (3)
identifying and evaluating control
strategies, (4) determining applicability
of permit and regulatory requirements,
(5) assessing risks, and (6) other air
pollution control activities. The first
part involves further development of
the existing electronic reporting tool
(ERT) to make it easier for State, local,
and tribal air pollution control
agencies, industry, and other
stakeholders to access, assess the
36
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Spring 2010 Semiannual Regulatory Agenda
EPA—Clean Air Act
Proposed Rule Stage
quality of, and submit emissions test
data. The second part involves
upgrading the AP-42 factors
information compilation and retrieval
system, making it an interactive,
current, and easy to expand and
enhance foundation for the Internet
application renamed WebFIRE.
Additionally, to make the emissions
factors development process more
transparent, EPA plans to rewrite the
existing emissions factors development
procedures document. Finally, in order
to acquire adequate data for the
development or improvement of the
emissions factors, we are seeking
comment on requiring the submission
(via electronic reporting) of certain
performance testing information already
collected by industry. Performance tests
are conducted to measure the air
pollutant emissions from an industrial
process and used as an indicator of
compliance with regulations. This last
element of the process of improving the
emissions factors program will require
formal rulemaking and will encompass
performance testing required by Federal
rules codified in 40 CFR parts 60, 61,
and 63.
Timetable:
Action
Date FR Cite
ANPRM
ANPRM Comment
Period End
ANPRM Comment
Period Extended
ANPRM Comment
Period End
NPRM
Final Action
10/14/09 74 FR 52723
11/13/09
11/13/09 74 FR 58574
12/14/09
08/00/10
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected:
Undetermined
Additional Information: SAN No. 5357.
Agency Contact: Tom Driscoll,
Environmental Protection Agency, Air
and Radiation, D243-05, RTF, NC
27711
Phone: 919 541-5135
Fax: 919 541-4028
Email: driscoll.tom@epamail.epa.gov
Bob Schell, Environmental Protection
Agency, Air and Radiation, D243-05,
RTF, NC 27711
Phone: 919 541-4116
Fax: 919 541-3207
Email: schell.bob@epamail.epa.gov
RIN: 2060-AP63
615. REGULATIONS FOR
ALTERNATIVE FUEL CONVERSIONS
Priority: Substantive, Nonsignificant
Unfunded Mandates: Undetermined
Legal Authority: Not Yet Determined
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: New regulations affecting the
conversion of automobiles from the
original fuel on which they were
designed to operate to an alternative
fuel are necessary because at this time
vehicle fuel converters are only able to
convert a vehicle's fuel operation if the
conversion has been EPA certified. The
certification process is suitable for the
conversions of newer vehicles.
However, converters seeking to legally
convert an older vehicle, for which
there are now tax and other monetary
incentives, need a process more
suitable for older vehicles. This rule
clarifies the certification procedure for
new vehicle conversions as well as
creates an option for used vehicles to
ensure continued air quality.
Timetable:
Action
Date
FR Cite
NPRM 04/00/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5359
Agency Contact: Amy Bunker,
Environmental Protection Agency, Air
and Radiation, AAIO, Ann Arbor, MI
48105
Phone: 734 214-1160
Email: bunker.amy@epamail.epa.gov
Laura Baker, Environmental Protection
Agency, Air and Radiation, AAPTIG,
Ann Arbor, MI 48105
Phone: 734 214-1592
Email: baker.laura@epamail.epa.gov
RIN: 2060-AP64
616. ALTERNATIVE WORK
PRACTICES FOR LEAK DETECTION
AND REPAIR; AMENDMENTS
Priority: Other Significant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 60; 40 CFR 61;
40 CFR 63; 40 CFR 65
Legal Deadline: None
Abstract: On December 22, 2008, EPA
published a voluntary alternative work
practice for leak detection and repair
using a newly developed technology,
optical gas imaging. After promulgation
of the rule, the Agency received a
request for administrative
reconsideration from American
Petroleum Institute (API) on February
20, 2009. This package will address the
reconsideration issues.
Timetable:
Action
Date FR Cite
NPRM
05/00/10
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected:
Undetermined
Additional Information: SAN No. 5364;
EPA Docket information: EPA-HQ-OAR-
2003-0197.
Agency Contact: Jodi Howard,
Environmental Protection Agency, Air
and Radiation, E143-01, RTF, NC
27711
Phone: 919 541-4607
Fax: 919 541-0246
Email: howard.jodi@epamail.epa.gov
Ken Hustvedt, Environmental
Protection Agency, Air and Radiation,
E143-01, RTF, NC 27711
Phone: 919 541-5395
Fax: 919 685-3200
Email: hustvedt.ken@epamail.epa.gov
RIN: 2060-AP66
617. COMPRESSION IGNITION
ENGINE NSPS; AMENDMENTS
Priority: Substantive, Nonsignificant
Unfunded Mandates: Undetermined
Legal Authority: 42 USC 7411
CFR Citation: 40 CFR 60
Legal Deadline: NPRM, Judicial, May
22, 2010, settlement agreement with
API.
Final, Judicial, May 22, 2011,
settlement agreement with API.
Abstract: This action will amend the
New Source Performance Standards
(NSPS) for stationary compression
ignition internal combustion engines.
These amendments are the result of a
settlement agreement with the
American Petroleum Institute. The
revisions to the rule will include
limiting the operation and maintenance
(O&M) requirements to emission-related
O&M and allowing certified engine
37
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Spring 2010 Semiannual Regulatory Agenda
EPA—Clean Air Act
Proposed Rule Stage
owners/operators to operate/maintain
their engines according to their own
O.M practices if they conduct
performance testing to demonstrate
compliance. The amendments will also
clarify the requirements for temporary
replacement engines. In addition, this
action will amend the NSPS to
implement more stringent emission
standards for engines with a
displacement above 10 liters/cylinder,
consistent with recent revisions to
standards for similar mobile source
engines. This action will propose
revisions to the requirements for
engines in rural portions of Alaska. The
proposed amendments will also correct
minor errors in the NSPS.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
05/00/10
05/00/11
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: None
Federalism: Undetermined
Additional Information: SAN No. 5365.
Agency Contact: Melanie King,
Environmental Protection Agency, Air
and Radiation, D243-01, RTF, NC
27711
Phone: 919 541-2469
Email: king.melanie@epamail.epa.gov
Robert] Wayland, Environmental
Protection Agency, Air and Radiation,
D243-01, RTF, NC 27711
Phone: 919 541-1045
Fax: 919 541-5450
Email:
wayland.robertj@epamail.epa.gov
RIN: 2060-AP67
618. PREVENTION OF SIGNIFICANT
DETERIORATION (PSD) AND
NONATTAINMENT NEW SOURCE
REVIEW (NSR): REASONABLE
POSSIBILITY IN RECORDKEEPING;
RECONSIDERATION
Priority: Other Significant
Legal Authority: CAA title 1C and ID
CFR Citation: 40 CFR 51, app S; 40
CFR 51.165; 40 CFR 51.166; 40 CFR
52.21
Legal Deadline: None
Abstract: The EPA is convening a
proceeding for reconsideration of a
final rule published in the Federal
Register on December 21, 2007 (72 FR
62607). The subject rule was
promulgated in response to a remand
by the U.S. Court of Appeals for the
District of Columbia Circuit in New
York v. EPA, 413 F.3d 3 (D.C. Cir.
2005), in order to clarify the
"reasonable possibility" recordkeeping
and reporting standard under the New
Source Review (NSR) program. After
review of issues raised by the State of
New Jersey by petition and letter, we
have decided to exercise our discretion
to conduct a reconsideration of this
final rule and will therefore be
reopening the public comment period
for the rule. The rule will remain in
effect while our reconsideration
proceeding is under way.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
12/00/10
10/00/11
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No.
5076.1; Split from RIN 2060-AN88; EPA
Docket information: EPA-HQ-OAR-
2001-0004.
URL For More Information:
www.epa.gov/nsr/
Agency Contact: Lisa Sutton,
Environmental Protection Agency, Air
and Radiation, C504-03, RTF, NC
27711
Phone: 919 541-3450
Fax: 919 541-5509
Email: sutton.lisa@epamail.epa.gov
Raj Rao, Environmental Protection
Agency, Air and Radiation, C504-03,
RTF, NC 27711
Phone: 919 541-5344
Fax: 919 541-5509
Email: rao.raj@epamail.epa.gov
RIN: 2060-AP71
619. RECONSIDERATION OF THE
PREVENTION OF SIGNIFICANT
DETERIORATION AND
NONATTAINMENT NEW SOURCE
REVIEW NSR: AGGREGATION
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 51.165; 40 CFR
51.166; 40 CFR 52.21
Legal Deadline: Other, Statutory, May
18, 2010, Final - Stay Extension Rule
- Stay ends 05/18/10.
Abstract: This action follows RIN 2060-
AP49, in which EPA developed and
issued a final rule that addressed when
a source must combine (i.e.,
"aggregate") nominally separate
physical and operational changes for
the purpose of determining whether
they are a single change and subject
to review under the New Source
Review (NSR) program. Following
promulgation of the NSR Aggregation
final rule on January 15, 2009, the
Natural Resources Defense Council
(NRDC) submitted a petition for
reconsideration as provided for in
Clean Air Act (CAA) section
307(d)(7)(B). In response to NRDC's
petition, EPA has both announced the
convening of a reconsideration
proceeding and administratively stayed
the effective date of the rule until May
18, 2010, to allow time to conduct the
reconsideration. Under this RIN, we
will take comment on a range of legal
and policy issues related to the
Aggregation rule and complete any
revisions of the rule that become
necessary as a result of the
reconsideration process.
Timetable:
Action
Date FR Cite
NPRM
Final Action —
Additional Stay
Final Action
04/00/1 0
05/00/1 0
11/00/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No.
4793.2; Split from RIN 2060-AP49.
Split from RIN 2060-AL75; EPA Docket
information: EPA-HQ-OAR-2003-0064.
URL For More Information:
Agency Contact: Dave Svendsgaard,
Environmental Protection Agency, Air
and Radiation, C504-03, RTF, NC
27711
Phone: 919 541-2380
Fax: 919 541-5509
Email:
svendsgaard.dave@epamail.epa.gov
Raj Rao, Environmental Protection
Agency, Air and Radiation, C504-03,
RTF, NC 27711
38
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Spring 2010 Semiannual Regulatory Agenda
EPA—Clean Air Act
Proposed Rule Stage
Phone: 919 541-5344
Fax: 919 541-5509
Email: rao.raj@epamail.epa.gov
RIN: 2060-AP80
620. CARBON DIOXIDE INJECTION
AND GEOLOGIC SEQUESTRATION
REPORTING RULE
Priority: Other Significant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 98
Legal Deadline: None
Abstract: This regulation would require
reporting of greenhouse gas emissions
for CO2 injection, including geologic
sequestration (GS) sites. In addition to
tracking CO2 emissions across CO2
capture and injection, this proposal
will allow EPA to collect data on
efficacy of GS sites for long-term
storage of CO2. The rule would not
require control of greenhouse gases,
rather it would require only that
sources inject CO2 or sequester CO2 for
the purposes of GS to monitor and
report emissions.
During the development of the GHG
Mandatory Reporting Rule, EPA
received comments that the Agency
should include downstream end-users
of carbon dioxide (CO2)—in particular,
CO2 used for enhanced oil recovery
and/or CO2 geologically sequestered.
We are now proposing this
supplemental rulemaking to specifically
address these areas.
Timetable:
Action
Date FR Cite
NPRM
Final Action
04/00/10
10/00/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected:
Undetermined
Additional Information: SAN No. 5386;
EPA Docket information: EPA-HQ-OAR-
2009-0926.
URL For More Information:
http://www.epa.gov/climatechange/
emissions/co2 geosequest.html
Agency Contact: Lisa Bacanskas,
Environmental Protection Agency, Air
and Radiation, 6207J, Washington, DC
20460
Phone: 202 343-9758
Email: bacanskas.lisa@epamail.epa.gov
Barbora Master, Environmental
Protection Agency, Air and Radiation,
6207J, Washington, DC 20460
Phone: 202 343-9899
Fax: 202 343-2202
Email: master.barbora@epamail.epa.gov
RIN: 2060-AP88
621. FEDERAL REFERENCE METHOD
FOR LEAD IN TOTAL SUSPENDED
PARTICULATE MATTER
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7403, 7410,
760l(a), 7611, 7618
CFR Citation: 40 CFR 50
Legal Deadline: None
Abstract: On November 12, 2008 EPA
substantially strengthened the national
ambient air quality standards (NAAQS)
for lead. EPA revised the level of the
primary (health-based) standard from
1.5 micrograms per cubic meter (|j,g/m3)
to 0.15g/m3, measured as total
suspended particles (TSP) and revised
the secondary (welfare-based) standard
to be identical in all respects to the
primary standard. In conjunction with
strengthening the lead (Pb) NAAQS,
EPA identified the need for states to
improve existing lead monitoring
networks. Depending on specific
circumstances, States may have the
option of using monitoring for either
lead in TSP (Pb-TSP) or lead in PM10
(Pb-PMlO) using approved Federal
Reference Methods (FRMs) or Federal
Equivalent Methods (FEMs) to meet
monitoring requirements. To support
new monitoring requirements, an FRM
for Pb-PMlO was developed with the
November 8, 2008 rulemaking. The
FRM for Pb-TSP was left unchanged.
The Pb-TSP FRM was promulgated in
1978. EPA recognizes that significant
advances in measurement technology
have been made since the promulgation
of the original FRM. In order to support
new monitoring requirements for Pb-
TSP and update the FRM to improve
it based on advanced measurement
technology, a new FRM must be
developed.
Timetable:
Action
Date
FR Cite
NPRM 01/00/11
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5388.
Agency Contact: Joann Rice,
Environmental Protection Agency, Air
and Radiation, C304-06, RTF, NC
27711
Phone: 919 541-3372
Fax: 919 541-1903
Email: rice.joann@epamail.epa.gov
Lewis Weinstock, Environmental
Protection Agency, Air and Radiation,
C304-06, RTF, NC 27711
Phone: 919 541-3661
Fax: 919 541-1903
Email:
weinstock.lewis@epamail.epa.gov
RIN: 2060-AP89
622. NSPS/EMISSION GUIDELINES
(EG) FOR SEWAGE SLUDGE
INCINERATORS
Priority: Other Significant
Unfunded Mandates: Undetermined
Legal Authority: Not Yet Determined
CFR Citation: Not Yet Determined
Legal Deadline: Final, Judicial,
December 16, 2010.
Abstract: Under section 129 of the
Clean Air Act (CAA), EPA is required
to adopt and implement maximum
achievable control technology (MACT)
standards for both new and existing
Sewage Sludge Incineration units (SSI).
Regulations for Other Solid Waste
Incinerators (OSWI) were promulgated
on December 15, 2005. However, at that
time, EPA did not issue standards or
guidelines for SSI units and several
other incinerator categories. In 2007,
the D.C. Circuit Court of Appeals
issued a decision vacating EPA's
definition of "solid waste incineration
unit," holding that "any facility that
combusts any commercial or industrial
solid waste material at all" is a
commercial or industrial solid waste
incineration unit. Based on this
decision, in this rulemaking, EPA is re-
evaluating whether SSI units are in fact
solid waste incineration units and
whether, as such, they must be
regulated under section 129.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
06/00/10
12/00/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
39
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Spring 2010 Semiannual Regulatory Agenda
EPA—Clean Air Act
Proposed Rule Stage
Government Levels Affected: Local
Additional Information: SAN No. 5392.
Agency Contact: Amy Hambrick,
Environmental Protection Agency, Air
and Radiation, E143-03, RTF, NC
27711
Phone: 919 541-0964
Fax: 919 541-3470
Email: hambrick.amy@epamail.epa.gov
Ketan Patel, Environmental Protection
Agency, Air and Radiation, E143-03,
RTF, NC 27711
Phone: 919 541-9736
Fax: 919 541-3470
Email: patel.ketan@epamail.epa.gov
RIN: 2060-AP90
623. REQUIREMENTS FOR CONTROL
TECHNOLOGY DETERMINATIONS
FOR MAJOR SOURCES IN
ACCORDANCE WITH CLEAN AIR ACT
SECTIONS
Priority: Other Significant
Unfunded Mandates: Undetermined
Legal Authority: Not Yet Determined
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: As required by Clean Air Act
section 112(j), in cases where EPA fails
to promulgate a Maximum Achievable
Control Technology (MACT) standard
for a major source category, the owner
or operator of a source in that category
must obtain an operating permit with
case-by-case emission limitations
determined to be equivalent to MACT.
EPA's program for implementing this
requirement is codified at 40 CFR part
63, subpart B. In this action, we are
revising subpart B to address the
process for obtaining case-by-case
MACT determinations in the case of
standards vacatur. We are also
reformatting the rule to streamline it
and make it easier to understand. There
has been significant confusion from
permitting authorities on how this
program works in the case of vacaturs.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
04/00/10
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State
Additional Information: SAN No. 5395.
Agency Contact: Rick Colyer,
Environmental Protection Agency, Air
and Radiation, D205-02, RTF, NC
27711
Phone: 919 541-5262
Email: colyer.rick@epa.gov
Lisa Conner, Environmental Protection
Agency, Air and Radiation, D205-02,
RTF, NC 27711
Phone: 919 541-5060
Fax: 919 541-5600
Email: conner.lisa@epamail.epa.gov
RIN: 2060-AP91
624. PROTECTION OF
STRATOSPHERIC OZONE: THE 2011
CRITICAL USE EXEMPTION FROM
THE PHASEOUT OF METHYL
BROMIDE
Priority: Other Significant
Legal Authority: 42 USC 767lc(d)(6)
CFR Citation: 40 CFR 82
Legal Deadline: Other, Statutory,
December 31, 2010, Without this
action, new production/import of
methyl bromide would not be allowed
in 2011.
Abstract: This action would authorize
uses that will qualify for the 2011
critical use exemption from the
phaseout of methyl bromide, and
would also authorize the amount of
methyl bromide that may be produced,
imported, or supplied from inventory
for those uses in 2011. EPA takes this
action under the authority of the Clean
Air Act to reflect recent consensus
decisions taken by the Parties to the
Montreal Protocol on Substances that
Deplete the Ozone Layer at the 21st
Meeting of the Parties. The Parties have
approved critical use methyl bromide
every year since the phaseout in 2005.
Since this rulemaking would confer a
benefit by exempting the production
and use of a phased-out chemical, there
is no significant adverse impact on
small entities.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
09/00/10
12/00/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
International Impacts: This regulatory
action will be likely to have
international trade and investment
effects, or otherwise be of international
interest.
Additional Information: SAN No. 5394.
URL For More Information:
www.epa.gov/ozone/mbr
Agency Contact: Jeremy Arling,
Environmental Protection Agency, Air
and Radiation, 6205J, Washington, DC
20460
Phone: 202 343-9055
Fax: 202 343-2338
Email: arling.jeremy@epamail.epa.gov
RIN: 2060-AP92
625. NATIONAL EMISSION
STANDARDS FOR HAZARDOUS AIR
POLLUTANT EMISSIONS: GROUP I
POLYMERS AND RESINS AND
MARINE VESSEL LOADING
OPERATIONS (RISK AND
TECHNOLOGY REVIEW)
Priority: Other Significant
Unfunded Mandates: Undetermined
Legal Authority: Not Yet Determined
CFR Citation: Not Yet Determined
Legal Deadline: Other, Statutory, May
31, 2010, Potential settlement date.
Abstract: Recent legal actions have
prompted a re-evaluation of the control
standards in many of the National
Emission Standards for Hazardous Air
Pollutants in 40 CFR Part 63, including
Polymers and Resins I. This rulemaking
will carry out that re-evaluation for
Polymers and Resins I. As part of this
effort, we plan to investigate if more
controls are needed for back-end
process vents and halogenated vent
streams.
Timetable:
Action
Date
FR Cite
NPRM
07/00/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5389.
Agency Contact: Mary Kissell,
Environmental Protection Agency, Air
and Radiation, E143-01, RTF, NC
27711
Phone: 919 541-4516
Fax: 919 685-3219
Email: kissell.mary@epa.gov
40
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Spring 2010 Semiannual Regulatory Agenda
EPA—Clean Air Act
Proposed Rule Stage
Ken Hustvedt, Environmental
Protection Agency, Air and Radiation,
E143-01, RTF, NC 27711
Phone: 919 541-5395
Fax: 919 685-3200
Email: hustvedt.ken@epamail.epa.gov
RIN: 2060-AP95
626. STARTUP, SHUTDOWN, AND
MALFUNCTION AMENDMENTS TO
PART 63 STANDARDS
Priority: Other Significant
Unfunded Mandates: Undetermined
Legal Authority: Not Yet Determined
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: The DC Circuit Court of
Appeals vacated the startup, shutdown,
and malfunction exemptions of the part
63 General Provisions. These
amendments would revise NESHAP
that contain SSM provisions by
removing the malfunction exemptions
and addressing other SSM-related
provisions such as the SSM plan,
reporting, recordkeeping, etc. These
amendments would not establish
standards for SSM.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
12/00/10
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5397.
Agency Contact: Rick Colyer,
Environmental Protection Agency, Air
and Radiation, D205-02, RTF, NC
27711
Phone: 919 541-5262
Email: colyer.rick@epa.gov
Lisa Conner, Environmental Protection
Agency, Air and Radiation, D205-02,
RTF, NC 27711
Phone: 919 541-5060
Fax: 919 541-5600
Email: conner.lisa@epamail.epa.gov
RIN: 2060-AP96
627. OIL AND NATURAL GAS
SYSTEMS GREENHOUSE GAS
REPORTING RULE
Priority: Other Significant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 98
Legal Deadline: None
Abstract: This regulation would require
reporting of greenhouse gas emissions
from the oil and gas industry. This rule
applies to sectors of the oil and gas
industry which have significant fugitive
and vented emissions of carbon dioxide
and methane, e.g., natural gas
transmission compression, distribution,
etc. The rule would not require control
of greenhouse gases, rather it would
require only that sources above certain
threshold levels monitor and report
emissions.
This sector was originally proposed in
the Mandatory Greenhouse Gas
Reporting Rule and now we are re-
proposing based on comments received.
Timetable:
Action
Date FR Cite
NPRM
Final Action
04/00/10
10/00/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5399;
EPA Docket information: EPA-HQ-OAR-
2008-0508.
URL For More Information:
www.epa.gov/climatechange/emissions/
ghgrulemaking.html
Agency Contact: Lisa Hanle,
Environmental Protection Agency, Air
and Radiation, 6207J, Washington, DC
20460
Phone: 202 343-9434
Email: hanle.lisa@epa.gov
Roger Fernandez, Environmental
Protection Agency, Air and Radiation,
6207J, Washington, DC 20460
Phone: 202 343-9386
Fax: 202 565-2079
Email: fernandez.roger@epamail.epa.gov
Related RIN: Related to 2060-AO79
RIN: 2060-AP99
628. GREENHOUSE GAS REPORTING
RULE FOR ADDITIONAL SOURCES OF
FLUORINATED GHGS
Priority: Other Significant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 98
Legal Deadline: None
Abstract: In this action, EPA will
propose reporting requirements for five
different source categories which
include Electronics Manufacturing,
Fluorinated Gas Production, SF6 in
Electric Power Systems, Manufacturers
of Electrical Equipment, and Importers
of Pre-charged Equipment and Closed-
Cell Foams. The purpose of this rule
is to collect accurate and
comprehensive emissions data to
inform future climate change policies.
In a notice of proposed rulemaking
published in the Federal Register on
April 10, 2009, as required by the FY
2008 Consolidated Appropriations Act,
EPA proposed reporting requirements
for a number of different source
categories including Electronics
Manufacturing, SF6 in Electric Power
Systems, and Fluorinated Gas
Production. Due to the complexity of
comments received, EPA did not
finalize requirements for Electronics
Manufacturing, SF6 in Electric Power
Systems, and Fluorinated Gas
Production, and is re-proposing
reporting requirements for those three
source categories in this action. EPA
did not propose reporting requirements
for Manufacturers of Electrical
Equipment or for Importers of Pre-
Charged Equipment and Closed-Cell
Foam in the April 2009 proposed rule.
In this action, EPA will propose
reporting requirements for those two
source categories.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
04/00/10
10/00/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No. 5400;
EPA Docket information: EPA-HQ-OAR-
2008-0508.
URL For More Information:
www.epa.gov/climatechange/emissions/
ghgrulemaking.html
Agency Contact: Deborah Ottinger,
Environmental Protection Agency, Air
and Radiation, 6202J, Washington, DC
20460
Phone: 202 343-9149
Email:
ottinger.deborah@epamail.epa.gov
41
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Spring 2010 Semiannual Regulatory Agenda
EPA—Clean Air Act
Proposed Rule Stage
Kirsten Cappel, Environmental
Protection Agency, Air and Radiation,
6207], Washington, DC 20460
Phone: 202 343-9556
Email: cappel.kirsten@epamail.epa.gov
Related RIN: Related to 2060-AO79
RIN: 2060-AQOO
629. • REVISIONS TO TEST METHODS
AND TESTING REGULATIONS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 to 7601
CFR Citation: 40 CFR 51, 60, 61 and
63
Legal Deadline: None
Abstract: This action will make needed
corrections and updates to source
testing methods and testing provisions
in 40 CFR parts 60, 61, and 63. For
example, Method 5, which determines
particulate matter from stationary
sources is being edited to remove silica
gel as the prescribed drying agent.
Silica gel has been listed as a potential
carcinogen and other agents that are
safer and more environmentally
friendly are being prescribed. In
Method 2, which determines stack gas
velocity, a misplaced square root sign
in one of the equations is being
corrected. This is a periodic action that
is done every several years to keep the
rules up-to-date and ensure compliance
testing and monitoring are done
correctly.
Timetable:
Action
Date
FR Cite
NPRM 08/00/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State
Additional Information: SAN No. 5402.
Agency Contact: Foston Curtis,
Environmental Protection Agency, Air
and Radiation, E143-02, RTF, NC
27711
Phone: 919 541-1063
Fax: 919 541-0516
Email: curtis.foston@epamail.epa.gov
Conniesue Oldham, Environmental
Protection Agency, Air and Radiation,
E143-02, RTF, NC 27711
Phone: 919 541-7774
Fax: 919 541-0516
Email:
oldham.conniesue@epamail.epa.gov
RIN: 2060-AQOl
630. CORPORATE PARENT AND
NAICS CODE IN THE GREENHOUSE
GAS MANDATORY REPORTING RULE
REQUIREMENTS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 98
Legal Deadline: None
Abstract: EPA recently finalized the
Greenhouse Gas (GHG) Mandatory
Reporting Rule (signed September 22,
2009). This rule requires facilities with
direct GHG emissions over 25,000
metric tons of carbon dioxide
equivalent (CO2e), suppliers of
petroleum, natural gas, and industrial
gases as well as vehicle and engine
manufacturers outside the light duty
sector to report to EPA annually. The
data collection starts on January 1,
2010, and the first reports to EPA are
due on March 31, 2011. As part of that
first report, EPA is proposing that
reporters also include the name of their
corporate parent and North American
Industry Classification System (NAICS)
code. In developing the final rule, EPA
received comments that this type of
information would be useful to the
public and EPA, particularly in
assisting corporations in assessing
emissions at their different facilities
and operations. Therefore, EPA is
proposing to include these two data
elements in the reports and is seeking
public comments on the most efficient
way of defining and collecting these
elements. EPA is also taking comments
on whether or not to have reporters list
the existence of a co-generation unit at
their facility.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
04/00/10
08/00/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 5406;
EPA Docket information: EPA-HQ-OAR-
2008-0508.
URL For More Information:
www.epa.gov/climatechange/emissions/
ghgrulemaking.html
Agency Contact: Lisa
Grogan—McCulloch, Environmental
Protection Agency, Air and Radiation,
6207J, Washington, DC 20460
Phone: 202 343-9743
Email: grogan-
mcculloch.lisa@epamail.epa.gov
Shana Harbour, Environmental
Protection Agency, Air and Radiation,
1807T, Washington, DC 20460
Phone: 202 566-2959
Email: harbour.shana@epamail.epa.gov
Related RIN: Related to 2060-AO79
RIN: 2060-AQ02
631. • DETERMINATION OF
CONFIDENTIAL BUSINESS
INFORMATION COLLECTED UNDER
THE GHG MANDATORY REPORTING
PROGRAM
Priority: Other Significant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 86, 87, 89, 90,
94, and 98
Legal Deadline: None
Abstract: On September 22, 2009, the
Administrator signed a final rule
establishing Greenhouse Gas (GHG)
reporting requirements for
approximately 10,000 facilities and
suppliers in the U.S. Monitoring starts
January 1, 2010, and the first reports
are due to EPA on March 31, 2011. In
anticipation of releasing the data we
collect to the public, EPA is launching
an effort to proactively determine
which data elements we collect are
confidential business information,
considering the definition of
"emissions data" under the Clean Air
Act. We will provide the public and
reporters an opportunity to comment
and then issue our final determination.
This process needs to be completed
before releasing the data to the public
in 2011.
Timetable:
Action
Date FR Cite
NPRM
Final Action
06/00/10
02/00/11
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected:
Undetermined
Additional Information: SAN No.
5242.2; EPA publication information:
NPRM-
http://edocket.access.gpo.gov/2009/pdf/
42
-------
Spring 2010 Semiannual Regulatory Agenda
EPA—Clean Air Act
Proposed Rule Stage
E9-5711.pdf; Split from RDM 2060-
AO79; EPA Docket information: EPA-
HQ-OAR-2008-0508.
URL For More Information:
www.epa.gov/climatechange/emissions/
ghgrulemaking.html
Agency Contact: Carole Cook,
Environmental Protection Agency, Air
and Radiation, 6207J, Washington, DC
20460
Phone: 202 343-9334
Email: cook.carole@epamail.epa.gov
Lisa Grogan-McCulloch, Environmental
Protection Agency, Air and Radiation,
6207J, Washington, DC 20460
Phone: 202 343-9743
Email: grogan-
mcculloch.lisa@epamail.epa.gov
RIN: 2060-AQ04
632. • REVISIONS TO IN-USE
TESTING FOR HEAVY-DUTY DIESEL
ENGINES AND VEHICLES; EMISSIONS
MEASUREMENT AND
INSTRUMENTATION;
NOT-TO-EXCEED EMISSION
STANDARDS; AND TECHNICAL
AMENDMENTS FOR OFF-HIGHWAY
ENGINES
Priority: Other Significant
Legal Authority: Not Yet Determined
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: This Direct Final Rule makes
several revisions to EPA's mobile
source emission standards and test
procedures. First, due to a delay in
developing the final particulate matter
(PM) accuracy margin for portable
emission measurement systems, we are
delaying the first year of the fully
enforceable PM in-use testing program
for the heavy-duty diesel vehicles from
the 2009 calendar year to the 2010
calendar year. During the 2009 calendar
year, there will be another year of pilot
program testing for that pollutant.
Second, we are allowing railroads to
install a limited number of
remanufactured engines that do not
comply with the most recent emission
standards. Third, we are clarifying the
analytical requirements for in-use PM
measurement. Fourth, we are making
changes to allow partial flow dilution
sampling for transient test cycle PM
measurement. Fifth, we are clarifying
how to account for emission control
system regeneration events when
calculating not-to-exceed (NTE) results.
Sixth, we are making changes to allow
the use of fuel rate information derived
from the engine control module (ECM)
to determine NTE mass emission rate.
Seventh, we are specifying a later
notification deadline for small-volume
manufacturers of marine SI engines that
want to qualify for a 2-year delay in
the new exhaust emission standards.
Eighth, and finally, we are clarifying
how our prohibitions apply with
respect to handheld small SI engines
installed in nonhandheld equipment.
Timetable:
Action
Date FR Cite
NPRM
Direct Final Action
04/00/10
04/00/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5407.
Agency Contact: Chris Laroo,
Environmental Protection Agency, Air
and Radiation, NVFEL, Ann Arbor, MI
48105
Phone: 734 214-1937
Email: laroo.chris@epamail.epa.gov
Rich Wilcox, Environmental Protection
Agency, Air and Radiation, NVFEL,
Ann Arbor, MI 48105
Phone: 734 214-1390
Email: wlcox.rich@epamail.epa.gov
RIN: 2060-AQ05
633. • AMENDMENTS TO THE
PROTOCOL GAS VERIFICATION
PROGRAM, AND MINIMUM
COMPETENCY REQUIREMENTS FOR
AIR EMISSION TESTING
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7601 and
7651, et seq
CFR Citation: 40 CFR 72.2 (Revision);
40 CFR 75.4 (Revision); 40 CFR 75.6
(Revision); 40 CFR 75.21 (Revision); 40
CFR 75.22 (Revision); 40 CFR 75.47
(Revision); 40 CFR 75.53 (Revision); 40
CFR 75.57 (Revision); 40 CFR 75.58
(Revision); 40 CFR 75.59 (Revision); 40
CFR 75.62 (Revision); 40 CFR 75.63
(Revision); 40 CFR 75.64 (Revision); 40
CFR 75 Appendix A (Revision); 40 CFR
75 Appendix B (Revision); 40 CFR 75
Appendix E (Revision)
Legal Deadline: None
Abstract: This rule amends two
provisions in 40 CFR part 75 (emission
monitoring for cap and trade programs):
(1) a Protocol Gas Verification Program
(PGVP) to better ensure the accuracy
of calibration gases used by affected
sources and regulatory agencies; and (2)
minimum competency requirements for
Air Emission Testing Bodies (AETB)
also known as stack test companies,
when performing stack testing under 40
CFR part 75. These two provisions were
originally published in the FR as a final
rule on January 24, 2008, but EPA was
sued on both provisions. The
amendments are described below.
The old PGVP provision was alleged
to have violated the Miscellaneous
Receipts Act by improperly augmenting
EPA's appropriation in arranging for
payment of a formerly Agency funded
audit program with private funds and
a key document was not in the docket.
The amended PGVP provision remedies
these averred deficiencies by providing
for payment to the National Institute
of Standards and Technology, which
has statutory authority to receive such
funds and by ensuring that all relevant
material will be placed in the docket.
The old AETB provision was alleged
to have placed enforceable competency
requirements on affected sources that
did not have total control over
implementing those requirements, and
did not provide sufficient time for
power plants with in-house stack test
teams to comply. The amended AETB
provision relies on certain
documentation provided at the time of
stack testing as sufficient proof of
validity of test data that otherwise
meets the requirements of part 75 and
extends the compliance deadline.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
04/00/10
08/00/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5409;
EPA Docket information: EPA-HQ-OAR-
2009-0837.
Agency Contact: John Schakenbach,
Environmental Protection Agency, Air
and Radiation, 6204J, Washington, DC
20460
Phone: 202 343-9158
Email:
schakenbach.john@epamail.epa.gov
43
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Spring 2010 Semiannual Regulatory Agenda
EPA—Clean Air Act
Proposed Rule Stage
Ragan Tate, Environmental Protection
Agency, Air and Radiation, 2344A,
Washington, DC 20460
Phone: 202 564-7382
Email: tate.ragan@epamail.epa.gov
RIN: 2060-AQ06
634. • RACT ISSUES FOR
IMPLEMENTATION OF THE 1997
PM2.5 AND OZONE NAAQS
Priority: Other Significant
Unfunded Mandates: Undetermined
Legal Authority: Not Yet Determined
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: This action will modify
policies related to the State
requirements for Reasonably Available
Control Measures (RACM) and
Reasonably Available Control
Technology (RACT) for electric
generating units and certain other large
emission sources in the rules
addressing implementation of the 1997
ozone National Ambient Air Quality
Standards (NAAQS) and the 1997 fine
particulate matter (PM2.5) NAAQS.
This action will revise the policies on
how States determine whether RACT
requirements can be satisfied by
regional emissions trading programs
such as the NOx Budget Program and
the Clean Air Interstate Rule. This
action will also respond to a petition
to reconsider how economic feasibility
is considered in RACT determinations
made under the PM2.5 Implementation
Rule.
Timetable:
Action
Date
FR Cite
NPRM 09/00/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected:
Undetermined
Additional Information: SAN No. 5411.
Agency Contact: William L Johnson,
Environmental Protection Agency, Air
and Radiation, C539-01, RTF, NC
20460
Phone: 919 541-5245
Fax: 919 541-0824
Email:
johnson.williaml@epamail.epa.gov
Rich Damberg, Environmental
Protection Agency, Air and Radiation,
C539-01, RTF, NC 20460
Phone: 919 541-5592
Fax: 919 541-0824
Email: damberg.rich@epamail.epa.gov
RIN: 2060-AQ07
635. • ACTION TO ENSURE
AUTHORITY OF STATE AND LOCAL
AIR PERMIT PROGRAMS TO
REGULATE ALL POLLUTANTS
ELSEWHERE SUBJECT TO
REGULATION UNDER THE CLEAN AIR
ACT
Priority: Other Significant
Unfunded Mandates: Undetermined
Legal Authority: Not Yet Determined
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: This action proposes to: (1)
Identify which regulations are
inadequate with respect to the ability
of State and local air permitting
authorities ("States") to implement
their New Source Review (NSR)
Prevention of Significant Deterioration
(PSD) and title V programs for major
stationary sources of all pollutants
regulated under the Clean Air Act
(CAA), (2) require that States revise
their regulations as necessary to correct
the inadequacies, and (3) promulgate
Federal plans where necessary to
ensure coverage of all CAA-regulated
pollutants until the corrective
State/local regulations have been
approved by EPA. All pollutants that
are regulated pursuant to the CAA must
be addressed in air permits issued by
States to implement requirements of the
PSD and title V programs. Many States'
regulations identify which pollutants
are addressed under their programs by
including a definition of "regulated
NSR pollutant" that is sufficiently
broad (similar to the definition at 40
CFR 52.21(b)(50), for example) or by
including a definition of "major
source" that is sufficiently broad
(similar to the definition at 40 CFR
70.2, for example). These definitions
are automatically updating, as they
need no revision in order to cover
pollutants that become subject to
regulation under the CAA. However,
some States' regulations are inadequate,
because, for example, they identify the
pollutants addressed under their
programs by listing the individual
pollutants by name, and the inadequate
regulations must be revised before PSD
or title V requirements will apply to
sources of newly regulated pollutants
(such as greenhouse gases).
Timetable:
Action
Date
FR Cite
NPRM
Final Action
08/00/10
01/00/11
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No. 5412;
EPA Docket information: EPA-HQ-OAR-
2010-0107.
URL For More Information:
Agency Contact: Lisa Sutton,
Environmental Protection Agency, Air
and Radiation, C504-03, RTF, NC
27711
Phone: 919 541-3450
Fax: 919 541-5509
Email: sutton.lisa@epamail.epa.gov
Raj Rao, Environmental Protection
Agency, Air and Radiation, C504-03,
RTF, NC 27711
Phone: 919 541-5344
Fax: 919 541-5509
Email: rao.raj@epamail.epa.gov
RIN: 2060-AQ08
636. • REVISIONS TO MOTOR
VEHICLE FUEL ECONOMY LABEL
Priority: Other Significant
Unfunded Mandates: Undetermined
Legal Authority: Clean Air Act
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: EPA is responsible for
developing the fuel economy labels that
are posted on window stickers of all
new light duty cars and trucks sold in
the U.S. and, beginning with the 2011
model year, on all new medium-duty
passenger vehicles (a category that
includes large sport-utility vehicles and
passenger vans). In 2006, EPA updated
how the city and highway fuel
economy values are calculated, to better
reflect typical real-world driving
patterns and provide more realistic fuel
economy estimates. Since then,
increasing market penetration of
advanced technology vehicles, in
particular plug-in hybrid electric
vehicles and electric vehicles, will
require new metrics to effectively
44
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Spring 2010 Semiannual Regulatory Agenda
EPA—Clean Air Act
Proposed Rule Stage
convey information to consumers. This
action will amend the way in which
fuel economy estimates are calculated
and/or displayed. The changes in this
action will not impact the Corporate
Average Fuel Economy requirements.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
07/00/10
12/00/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5414.
Agency Contact: Lucie Audette,
Environmental Protection Agency, Air
and Radiation, NVFEL, Ann Arbor, MI
48105
Phone: 734 214-4850
Email: audette.lucie@epamail.epa.gov
Chelsea May, Environmental Protection
Agency, Air and Radiation, NVFEL,
Ann Arbor, MI 48105
Phone: 734 214-4226
Email: may.chelsea@epamail.epa.gov
RIN: 2060-AQ09
637. • REVIEW OF NEW SOURCE
PERFORMANCE STANDARDS FOR
NITRIC ACID PLANTS
Priority: Other Significant
Unfunded Mandates: Undetermined
Legal Authority: Not Yet Determined
CFR Citation: Not Yet Determined
Legal Deadline: NPRM, Judicial,
November 12, 2010.
Final, Judicial, November 14, 2011.
Abstract: Section lll(b)(l)(B) of the
Clean Air act mandates that EPA
review and if appropriate revise
existing New Source Performance
Standards (NSPS) at least every 8 years.
This NSPS was initially promulgated in
1971. This NSPS was reviewed in 1979
and 1984. In January 2010, a consent
decree was entered into U.S. District
Court between EPA and several
environmental groups. The decree
requires proposed revisions to be made
by November 2010 and final revisions
to be made by November 2011.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
11/00/10
11/00/11
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5416.
Agency Contact: Bill Neuffer,
Environmental Protection Agency, Air
and Radiation, D243-02, RTF, NC
27711
Phone: 919 541-5435
Fax: 919 541-3207
Email: neuffer.bill@epamail.epa.gov
Tina Ndoh, Environmental Protection
Agency, Air and Radiation, D205-02,
RTF, NC 27711
Phone: 919 541-2750
Fax: 919 541-5600
Email: ndoh.christina@epamail.epa.gov
RIN: 2060-AQlO
638. • 2011 RENEWABLE FUEL
VOLUME STANDARDS AS REQUIRED
BY ENERGY INDEPENDENCE AND
SECURITY ACT OF 2007 (EISA)
Priority: Other Significant
Unfunded Mandates: Undetermined
Legal Authority: Not Yet Determined
CFR Citation: Not Yet Determined
Legal Deadline: Final, Statutory,
November 30, 2009.
Abstract: In response to EISA, EPA
finalized the RFS2 program regulations.
However, under EISA, the
Environmental Protection Agency is
required to promulgate regulations that
specify the annual statutory volume
requirements for renewable fuels,
including cellulosic biofuel, biomass-
based diesel, advanced biofuel, and
total renewable fuel that must be used
in transportation fuel in each year. In
the case of the cellulosic biofuel
standard, EISA specifically requires
that the standard be set based on the
volume projected to be available during
the following year. If the volumes are
lower than those specified under EISA,
then EPA may also lower the advanced
biofuel and total renewable fuel
standards each year accordingly. This
regulatory action, establishes these
annual statutory volume requirements
for cellulosic, biomass-based diesel,
advanced biofuel, and renewable fuels
that apply to all gasoline and diesel
produced or imported in year 2011.
This regulation, thus, sets the final
standards for renewable fuels required
in year 2011. Entities potentially
affected by this final rule are those
involved with the production,
distribution, and sale of transportation
fuels, including gasoline and diesel fuel
or renewable fuels such as ethanol and
biodiesel.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
07/00/10
11/00/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5433.
Agency Contact: David Korotney,
Environmental Protection Agency, Air
and Radiation, AAFC, Ann Arbor, MI
48105
Phone: 734 214-4507
Email: korotney.david@epamail.epa.gov
Russ Smith, Environmental Protection
Agency, Air and Radiation, 6406J,
Washington, DC 20460
Phone: 202 343-9996
Fax: 202 343-2800
Email: smith.russ@epa.gov
RIN: 2060-AQ16
639. • REGULATION TO PREVENT
THE MISFUELING OF VEHICLES AND
ENGINES WITH GASOLINE
CONTAINING GREATER THAN TEN
VOLUME PERCENT ETHANOL AND
MODIFICATIONS TO THE
REFORMULATED AND
CONVENTIONAL GASOLINE
PROGRAMS
Priority: Other Significant
Unfunded Mandates: Undetermined
Legal Authority: Not Yet Determined
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: This rulemaking does two
things. One, it will help prevent the
misfueling of vehicles and engines not
certified to operate on gasoline
containing greater than 10 percent
ethanol ("E10+"). We are proposing a
rulemaking under the Clean Air Act
section 211(c) to control and regulate
distribution of fuels and fuel additives
that may pose harm to the environment
or public health. Vehicles or engines
not certified or approved for E10+ may
experience increased emissions of
criteria pollutants and accelerated
45
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Spring 2010 Semiannual Regulatory Agenda
EPA—Clean Air Act
Proposed Rule Stage
deterioration of emission control
systems due to higher oxygen content
from increased ethanol levels. These
emissions increases will have an
adverse effect on air quality and public
health due to known relationships
between regulated pollutants and the
formation of ground level ozone.
Furthermore, vehicles or engines
operating on E10+ may experience
operability issues leading to tampering
of certified configurations designed to
satisfy EPA emissions requirements.
Two, this rulemaking modifies the
Reformulated Gasoline ("RFC") and
Anti-dumping programs (40 CFR part
80) to update the Complex Model
allowing fuel manufacturers to certify
batches of gasoline containing up to 15
percent ethanol ("E15"). These
modifications are required for fuel
manufacturers to sell E15.
This rulemaking is necessary because
of the proliferation of
"blenderpumps"—fuel pumps that
allow consumers with flex-fuel vehicles
to select E10+ blend levels—and the
Agency's pending waiver decision
under the Clean Air Act section
211(f)(4) which, if granted, would allow
the use of E15 ("E15 waiver"). Such
a waiver and the current expansion of
blender pumps create a need for a label
to ensure that consumers do not fuel
their vehicles or engines with
unapproved fuels.
This rule is urgently needed because
of the speed that blender pumps are
spreading and the possibility of the
Agency rendering a decision on the E15
waiver as early as the summer of 2010.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
06/00/10
12/00/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No. 5438.
Agency Contact: Barry Garelick,
Environmental Protection Agency, Air
and Radiation, 6406J, Washington, DC
20460
Phone: 202 343-9028
Email: garelick.barry@epamail.epa.gov
Robert Anderson, Environmental
Protection Agency, Air and Radiation,
6405J, Washington, DC 20460
Phone: 202 343-9718
Email:
anderson.robert@epamail.epa.gov
RIN: 2060-AQ17
640. • METHOD 16C FOR THE
DETERMINATION OF TOTAL
REDUCED SULFUR EMISSIONS FROM
STATIONARY SOURCES
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 to 7601
CFR Citation: 40 CFR 51, 60, 61, and
63
Legal Deadline: None
Abstract: Method 16C is used to
determine total reduced sulfur
emissions and is being proposed as an
alternative to Methods 16, 16A, and
16B for regulated facilities in kraft pulp
mills (subpart BB of 40 CFR 60) and
other industries that emit these
compounds. Method 16C combines the
sample oxidation technology of Method
16A with the instrumental technology
of Method 16C to provide a user-
friendly, real-time procedure. The
Agency has allowed its use in the past
on a case-by-case basis and now
believes it should be made available for
general use. This method is not
required under any rule and does not
add any new testing requirement to the
current regulations.
Timetable:
Action
Date
FR Cite
NPRM 06/00/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State
Additional Information: SAN No. 5434.
Agency Contact: Foston Curtis,
Environmental Protection Agency, Air
and Radiation, E143-02, RTF, NC
27711
Phone: 919 541-1063
Fax: 919 541-0516
Email: curtis.foston@epamail.epa.gov
Conniesue Oldham, Environmental
Protection Agency, Air and Radiation,
E143-02, RTF, NC 27711
Phone: 919 541-7774
Fax: 919 541-0516
Email:
oldham.conniesue@epamail.epa.gov
RIN: 2060-AQ23
641. • NATIONAL EMISSION
STANDARDS FOR HAZARDOUS AIR
POLLUTANTS FOR MAJOR SOURCE
INDUSTRIAL, COMMERCIAL, AND
INSTITUTIONAL BOILERS AND
PROCESS HEATERS
Priority: Economically Significant.
Major under 5 USC 801.
Unfunded Mandates: This action may
affect State, local or tribal governments
and the private sector.
Legal Authority: Clean Air Act sec 112
CFR Citation: 40 CFR 63
Legal Deadline: NPRM, Judicial, April
15, 2010.
Final, Judicial, December 16, 2010.
Abstract: Section 112 of the Clean Air
Act (CAA) outlines the statutory
requirements for EPA's stationary
source air toxics program. Section 112
mandates that EPA develop standards
for hazardous air pollutants (HAP) for
both major and area sources listed
under section 112(c). This regulatory
action will develop emission standards
for boilers and process heaters located
at major sources. Section 112(d)(2)
requires that emission standards for
major sources be based on the
maximum achievable control
technology (MACT). Industrial boilers
and institutional/commercial boilers are
on the list of section 112(c)(6) source
categories. In this rulemaking, EPA will
develop standards for these source
categories.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
04/00/10
12/00/10
Regulatory Flexibility Analysis
Required: Yes
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: Federal,
Local, State
Additional Information: EPA Docket
Information: EPA-HQ-OAR-2002-0058.
Action split from 2060-AM44.
Agency Contact: James Eddinger,
Environmental Protection Agency, Air
and Radiation, C439-01, Research
Triangle Park, NC 27711
Phone: 919 541-5426
Fax: 919 541-5450
Email: eddinger.jim@epa.gov
46
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Spring 2010 Semiannual Regulatory Agenda
EPA—Clean Air Act
Proposed Rule Stage
Robert J. Wayland, Environmental
Protection Agency, Air and Radiation,
C439-01, RTF, NC 27711
Phone: 919 541-1045
Fax: 919 541-5450
Email:
wayland.robertj@epamail.epa.gov
Related RIN: Related to 2060-AM44
RIN: 2060-AQ25
Environmental Protection Agency (EPA)
Clean Air Act
Final Rule Stage
642. REQUIREMENTS FOR
REFORMULATED GASOLINE (RFC)
UNDER THE 8-HOUR OZONE
STANDARD FOR BUMP-UP AREAS
DESIGNATED ATTAINMENT FOR THE
1-HOUR OZONE STANDARD PRIOR
TO REVOCATION
Priority: Other Significant
Legal Authority: Clean Air Act
CFR Citation: 40 CFR 80
Legal Deadline: None
Abstract: Reformulated Gasoline (RFC)
is gasoline blended to reduce emissions
that cause ozone smog. The Clean Air
Act (CAA) requires certain areas to use
RFC, depending on how serious is the
ozone problem—i.e., how far it is from
attaining the National Ambient Air
Quality Standards (NAAQS) for ozone.
In some cases, areas that previously
had a less-serious ozone problem
subsequently experience worse air
quality, and in such cases the Clean
Air Act requires them to be "bumped
up" to a higher category, thereby
requiring RFC use. One complication is
that the Agency is now implementing
the transition from the previous ozone
standard, based on the amount of
pollution measured over a 1-hour
period, to the new ozone standard,
based on an 8-hour period. This rule
would set regulations for such cases.
Timetable:
Action
Date FR Cite
NPRM
NPRM Comment
Period End
Final Action
06/23/06 71 FR 36042
08/22/06
12/00/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5022;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/ EPA-
AIR/2006/June/Day-23/a5620.htm; EPA
Docket information: EPA-HQ-OAR-
2006-0318.
Agency Contact: Kurt Gustafson,
Environmental Protection Agency, Air
and Radiation, 6406J, Washington, DC
20460
Phone: 202 343-9219
Fax: 202 343-2800
Email: gustafson.kurt@epa.gov
Leila Cook, Environmental Protection
Agency, Air and Radiation, AASMCG,
Ann Arbor, MI 48105
Phone: 734 214-1820
Email: cook.leila@epa.gov
RIN: 2060-AN63
643. AIR QUALITY DESIGNATIONS
AND CLASSIFICATIONS FOR THE
2008 OZONE NATIONAL AMBIENT AIR
QUALITY STANDARDS
Priority: Substantive, Nonsignificant
Legal Authority: CAA sec 107(d); CAA
sec 172(a); CAA sec 181(a)
CFR Citation: 40 CFR 81
Legal Deadline: Final, Statutory, March
12, 2011, The CAA requires EPA to
complete designations in 2 years from
promulgation of a new or revised
NAAQS.
Abstract: This action will would
establish the air quality designations for
all areas of the United States under the
revised 2008 ozone NAAQS.
Designations of attainment,
nonattainment, or unclassifiable are
based upon air quality monitoring data
and other relevant information
pertaining to the air quality in the
affected area, including whether an area
contributes to a violation of the
standard in a nearby area. The schedule
and process for designations is
contained in CAA section 107. Under
the schedule, States and tribes are to
submit their designation
recommendations no later than 1 year
from promulgation of the revised
NAAQS. EPA is required to notify
States and tribes of any modifications
that EPA intends to make to their
recommendations no later than 120
days prior to promulgation of the
designations. EPA must make the
designations no later than 2 years from
the March 12, 2008, promulgation of
the revised NAAQS. However, EPA
may extend that date by up to 1 year
if EPA has insufficient information. On
January 6, 2010, EPA issued a proposal
to reconsider the 2008 ozone NAAQS
and instead set more protective
NAAQS. If EPA promulgates new
NAAQS as a result of the
reconsideration, the requirement to
designate areas for the replaced 2008
NAAQS would no longer apply.
Because of the uncertainty created by
the reconsideration of the 2008 ozone
NAAQS, on January 6, 2010, EPA
announced it extended the designations
deadline by 1 year, until March 12,
2011.
Timetable:
Action
Date
FR Cite
Final Action
03/00/11
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5302;
EPA Docket information: EPA-HQ-OAR-
2008-0476.
Agency Contact: Carla Oldham,
Environmental Protection Agency, Air
and Radiation, C539-04, RTF, NC
20460
Phone: 919 541-3347
Fax: 919 541-0824
Email: oldham.carla@epamail.epa.gov
Rhea Jones, Environmental Protection
Agency, Air and Radiation, C539-04,
RTF, NC 27709
Phone: 919 541-2940
Fax: 919 541-0824
Email: jones.rhea@epa.gov
RIN: 2060-AP37
47
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Spring 2010 Semiannual Regulatory Agenda
EPA—Clean Air Act
Final Rule Stage
644. REVIEW OF THE PRIMARY
NATIONAL AMBIENT AIR QUALITY
STANDARD FOR SULFUR DIOXIDE
Priority: Economically Significant.
Major under 5 USC 801.
Legal Authority: 42 USC 7408; 42 USC
7409
CFR Citation: 40 CFR 50
Legal Deadline: NPRM, Judicial,
November 16, 2009.
Final, Judicial, June 2, 2010.
Abstract: Under the Clean Air Act,
EPA is required to review and, if
appropriate, revise the air quality
criteria for the primary (health-based)
and secondary (welfare-based) national
ambient air quality standards (NAAQS)
every 5 years. On May 22, 1996, EPA
published a final decision that
revisions of the primary and secondary
NAAQS for Sulfur Dioxide (SO2) were
not appropriate at that time, aside from
several minor technical changes. That
action provided the Administrator's
final determination, after careful
evaluation of comments received on the
November 1994 proposal, that
significant revisions to the primary and
secondary NAAQS for SO2 would not
be made at that time. In 2006, EPA's
Office of Research and Development
initiated the current periodic review of
SO2 air quality criteria, the scientific
basis for the NAAQS, with a call for
information in the Federal Register.
Subsequently, the decision was made
to separate the reviews of the primary
and secondary SO2 standards, and to
combine the SO2 secondary-standard
review with the secondary-standard
review of Nitrogen Dioxide (NO2) due
to their linkage in terms of effects and
atmospheric chemistry. That joint
review of the SO2 and NO2 secondary
standards is part of a separate
regulatory action described elsewhere
in this Regulatory Plan under the
identifying number (RDM) 2060-AO72.
The regulatory action described here is
for the Agency's review of the primary
SO2 NAAQS. This review includes the
preparation of an Integrated Science
Assessment, Risk/Exposure Assessment,
and a Policy Assessment. These
documents were reviewed by EPA's
Clean Air Scientific Advisory
Committee and the public. These
documents inform the Administrator's
proposed decision as to whether to
retain or revise the standards.
Timetable:
Timetable:
Action
Date FR Cite
Action
Date FR Cite
NPRM
NPRM Comment
Period End
Final Action
12/08/09 74 FR 64810
02/08/10
06/00/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No. 5163;
EPA publication information: NPRM -
http ://www. epa.gov/ttn/naaqs/
standards/so2/fr/20091208p64810.pdf;
EPA Docket information: EPA-HQ-OAR-
2007-0352.
URL For More Information:
www.epa.gov/ttn/naaqs/standards/so2/
s so2 index.html
Agency Contact: Michael Stewart,
Environmental Protection Agency, Air
and Radiation, C5 04-06, Research
Triangle Park, NC 27711
Phone: 919 541-7524
Fax: 919 541-0237
Email: stewart.michael@epa.gov
Karen Martin, Environmental Protection
Agency, Air and Radiation, C504-06,
Research Triangle Park, NC 27711
Phone: 919 541-5274
Fax: 919 541-0237
Email: martin.karen@epamail.epa.gov
RIN: 2060-AO48
645. REVIEW OF NEW SOURCES AND
MODIFICATIONS IN INDIAN COUNTRY
Priority: Other Significant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 49 CFR 49.141 to 49.160;
49 CFR 49.166 to 49.173
Legal Deadline: None
Abstract: EPA is developing federal
regulations governing preconstruction
permitting of minor stationary sources
throughout Indian country and major
stationary sources of air pollution in
nonattainment areas in Indian country.
Pursuant to the Tribal Air Rule, eligible
Indian tribes may receive EPA
authorization to develop and
implement such programs, but these
permitting programs would be
implemented by EPA if eligible Indian
tribes do not elect, or do not receive
authorization, to manage such
programs.
NPRM
NPRM Comment
Period End
Final Action
08/21/06 71 FR 48696
03/20/07
12/00/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Tribal
Additional Information: SAN No. 3975;
EPA publication information: NPRM -
http://www.regulations.gov/
search/Regs/home. html
idocumentDetail?R=
090000648024964a; EPA Docket
information: EPA-HQ-OAR-2003-0076.
URL For More Information:
http://www.epa.gov/nsr/
Agency Contact: Jessica Montanez,
Environmental Protection Agency, Air
and Radiation, C504-03, RTF, NC
27711
Phone: 919 541-3407
Fax: 919 541-5509
Email:
montanez.jessica@epamail.epa.gov
Raj Rao, Environmental Protection
Agency, Air and Radiation, C504-03,
RTF, NC 27711
Phone: 919 541-5344
Fax: 919 541-5509
Email: rao.raj@epamail.epa.gov
RIN: 2060-AH37
646. IMPLEMENTATION OF THE NEW
SOURCE REVIEW PROGRAM FOR
PARTICULATE MATTER LESS THAN
2.5 MICROMETERS—REPEAL OF
GRANDFATHERING PROVISION AND
END EARLY THE PM10 SURROGATE
POLICY
Priority: Other Significant
Legal Authority: 42 USC 7410; 42 USC
7501 et seq; 42 USC 7601(a)(l)
CFR Citation: 40 CFR 51.166; 40 CFR
52.21
Legal Deadline: None
Abstract: On May 16, 2008, EPA
amended its Prevention of Significant
Deterioration (PSD) rules to include
new requirements for Particulate Matter
(PM)2.5. Included in the rule was a
grandfathering provision under the
federal PSD program at 40 CFR 52.21,
which allowed sources that submitted
complete PSD permit applications
48
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Spring 2010 Semiannual Regulatory Agenda
EPA—Clean Air Act
Final Rule Stage
before the effective date of the final
rule, but had not yet received their
permit by the effective date, to continue
using the PM10 Surrogate Policy to
satisfy the requirements for PM2.5. EPA
received a petition for reconsideration
and request for an administrative stay
of this provision from the National
Resource Defense Council and Sierra
Club, claiming that the provision was
not proposed for public comment and
was no longer technically justified. EPA
granted reconsideration, agreed to stay
the grandfathering provision for three
months—effective June 1, 2009, and
committed to propose to repeal the
provision. This action repeals the
grandfathering provision and address
the conditions under which the PM10
Surrogate Policy is applicable.
Timetable:
Action
Date FR Cite
NPRM
NPRM Comment
Period End
Final Action
02/11/10 75 FR 6827
03/29/10
07/00/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No.
4752.4; EPA publication information:
NPRM - http://wfwfwf.regulations.gov/
search/Regs/
home.htmlidocumentDetail?
R=0900006480a91043; Split from RIN
A2060. Split from RIN 2060-AN86.
Split from RIN 2060-AK74; EPA Docket
information: EPA-HQ-OAR-2003-0062.
URL For More Information:
www.epa.gov/nsr/
Agency Contact: Dan DeRoeck,
Environmental Protection Agency, Air
and Radiation, C504-03, RTF, NC
27711
Phone: 919 541-5593
Fax: 919 541-5509
Email: deroeck.dan@epamail.epa.gov
Raj Rao, Environmental Protection
Agency, Air and Radiation, C504-03,
RTF, NC 27711
Phone: 919 541-5344
Fax: 919 541-5509
Email: rao.raj@epamail.epa.gov
RIN: 2060-AP75
647. AMENDMENTS TO STANDARDS
OF PERFORMANCE FOR NEW
STATIONARY SOURCES;
MONITORING REQUIREMENTS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7411
CFR Citation: 40 CFR 60
Legal Deadline: None
Abstract: This rulemaking adds a
procedure 3 to appendix F of 40 CFR
part 60. This action provides quality
assurance specifications for continuous
opacity monitor system (COMS)
installed for compliance. States may
also cite this procedure for sources
with installed COMS subject to
compliance limitations. Minimum
quality control (QC) and quality
assurance (QA) requirements are
specified to assess the quality of COMS
performance. Daily zero and span
checks, quarterly performance audits,
and annual zero alignment checks are
required in order to assure the proper
functioning of the COMS and the
accuracy of the COMS data.
Timetable:
Action
Date FR Cite
NPRM
NPRM Comment
Period End
Final Action
02/28/01 66 FR 12780
03/28/01
04/00/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN No. 3958;
EPA Docket information: EPA-HQ-OAR-
2003-0115.
URL For More Information:
www.epa.gov/ttn/emc/proposed/m-
203.pdf
Agency Contact: Jason Dewees,
Environmental Protection Agency, Air
and Radiation, E143-02, RTF, NC
27711
Phone: 919 541-9724
Fax: 919 541-0516
Email: dewees.jason@epamail.epa.gov
Conniesue Oldham, Environmental
Protection Agency, Air and Radiation,
E143-02, RTF, NC 27711
Phone: 919 541-7774
Fax: 919 541-0516
Email:
oldham.conniesue@epamail.epa.gov
RIN: 2060-AH23
648. NESHAP: PORTLAND CEMENT
NOTICE OF RECONSIDERATION
Priority: Economically Significant.
Major under 5 USC 801.
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63.1340 to
63.1359
Legal Deadline: NPRM, Judicial, April
21, 2009.
Final, Judicial, June 6, 2010.
Abstract: On December 20, 2006, EPA
published final amendments to the
Portland cement air emissions rule that
regulates emissions of toxic air
pollutants. This rule covers all facilities
that produce Portland cement from raw
materials such as limestone. The
amendments were in response to a
remand by the D.C. Circuit Court of
portions of the final rule published in
1999. At the same time as the final
amendments were published, EPA also
published a notice of reconsideration of
the final new source limits for mercury
and total hydrocarbons (a surrogate for
non-dioxin organic toxic air pollutants),
and a reconsideration of the ban on the
use of certain mercury containing fly
ash in both new and existing cement
kilns. The Agency took this action
because there were still substantive
technical issues and there was not
sufficient opportunity for public
comment on parts of the final action.
Since announcing our intent to
reconsider the December 2006 rule,
EPA also granted a petition to
reconsider the existing source
emissions limits for mercury and THC,
and also our decision not to regulate
hydrochloric acid emissions. As part of
this reconsideration, EPA has
conducted extensive data gathering and
analysis, including requirements for
emissions testing.
Based on our evaluation of the gathered
data, on May 6, 2009, EPA proposed
numerical emissions limits for mercury,
total hydrocarbons, and hydrochloric
acid for both new and existing cement
kilns In addition, we significantly
lowered the cement kiln new and
existing source particulate matter
standards.
Timetable:
Action
Date
FR Cite
NPRM
Notice of Public
Hearings and
Extension of Public
Comment Period
05/06/09 74 FR 21135
06/09/09 74 FR 27265
49
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Spring 2010 Semiannual Regulatory Agenda
EPA—Clean Air Act
Final Rule Stage
Action
Date FR Cite
Timetable:
NPRM Comment 07/06/09
Period End
NPRM Comment 09/04/09
Period Extended To
Final Action 06/00/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Local,
State, Tribal
Additional Information: SAN No.
4585.1; EPA publication information:
NPRM - http://edocket.access.gpo.gov/
2009/pdf/E9-10206.pdf; Split from RIN
2060-AJ78; EPA Docket information:
EPA-HQ-OAR-2002-0051.
Agency Contact: Keith Barnett,
Environmental Protection Agency, Air
and Radiation, D243-02, Research
Triangle Park, NC 27711
Phone: 919 541-5605
Fax: 919 541-3207
Email: barnett.keith@epa.gov
Steve Fruh, Environmental Protection
Agency, Air and Radiation, D243-02,
Research Triangle Park, NC 27711
Phone: 919 541-2837
Fax: 919 541-4991
Email: fruh.steve@epamail.epa.gov
RIN: 2060-AO15
649. AMENDMENT OF DEFINITIONS
FOR NATIONAL EMISSIONS
STANDARDS FOR HAZARDOUS
POLLUTANTS FOR RADIONUCLIDES
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 61.90(a); 40 CFR
Legal Deadline: None
Abstract: Subparts H and I of 40 CFR
part 61 establish standards under the
Clean Air Act for emissions of
radionuclides other than radon from
Department of Energy (DOE) and other
non-DOE Federal facilities. The current
definition of "effective dose
equivalent" refers to a method of
calculation in International
Commission on Radiological Protection
(ICRP) publication no. 26. Removing
this reference will prevent confusion if
EPA incorporates newer ICRP methods
for calculating effective dose equivalent
in its compliance models.
Action
Date
FR Cite
Direct Final Action 01/00/11
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No. 5114.
Agency Contact: Dan Schultheisz,
Environmental Protection Agency, Air
and Radiation, 6608J, Washington, DC
20460
Phone: 202 343-9349
Fax: 202 343-2304
Email: schultheisz.daniel@epa.gov
RIN: 2060-AO31
650. • NATIONAL EMISSION
STANDARDS FOR HAZARDOUS AIR
POLLUTANTS: AREA SOURCE
STANDARDS FOR PAINTS AND
ALLIED PRODUCTS
MANUFACTURING
Priority: Substantive, Nonsignificant
Legal Authority: Clean Air Act sec 112
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: Section 112 (k) of the Clean
Air Act requires the development of
standards for area sources that account
for 90 percent of the emissions in urban
areas of the 30 urban hazardous air
pollutants (HAP) listed in the
Integrated Urban Air Toxics Strategy.
The Integrated Urban Air Toxics
Strategy lists paints and allied products
manufacturing as an area source
category. This action will revise the
definition of target HAP-containing
material to add, "and greater than 1.0
percent for noncarcinogens." The
definition already indicates that target
HAP-containing material includes
carcinogens present in amounts greater
than 0.1 percent. The level for
noncarcinogens was inadvertently
omitted from the rule. Inclusion of 1.0
percent and 0.1 percent levels for
noncarcinogens and carcinogens,
respectively, is consistent with the TRI
and OSHA Hazard Communications
levels and other recent area source
rules.
Timetable:
Action
Date
FR Cite
Final Action
06/00/10
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No.
5016.2; EPA publication information:
NPRM - http://www.epa.gov/fedrgstr/
EPA-AIR/2009/June/Day-01/al2563.pdf;
Split from RIN 2060-AN47; EPA Docket
information: EPA-HQ-OAR-2008-0053.
Agency Contact: Melissa Payne,
Environmental Protection Agency, Air
and Radiation, C404-05, RTF, NC
27711
Phone: 919 541-3609
Fax: 919 541-0242
Email: payne.melissa@epa.gov
Chebryll Edwards, Environmental
Protection Agency, Air and Radiation,
C304-05, Research Triangle Park, NC
27711
Phone: 919 541-5428
Fax: 919 541-0242
Email: edwards.chebryll@epa.gov
RIN: 2060-AQ14
651. REVISIONS TO THE GENERAL
CONFORMITY REGULATIONS
Priority: Other Significant
Legal Authority: 42 USC 7401 to 7671
CFR Citation: 40 CFR 51.850 to 51.860;
40 CFR 93.150 to 93.160
Legal Deadline: None
Abstract: This final action will revise
the original General Conformity
regulations to reduce unnecessary
paperwork burden, address transition
issues to new NAAQS and to respond
to concerns based on the experience of
implementing federal agencies.
Timetable:
Action
Date FR Cite
NPRM
NPRM Comment
Period End
Final Action
01/08/08 73 FR 1402
03/10/08
04/00/10
Regulatory Flexibility Analysis
Required: No
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No. 4070;
EPA publication information: NPRM -
http://www.regulations.gov/
search/Regs/
home.htmlidocumentDetail?
R=09000064803970f4; EPA Docket
information: EPA-HQ-OAR-2006-0669.
URL For More Information:
50
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Spring 2010 Semiannual Regulatory Agenda
EPA—Clean Air Act
Final Rule Stage
wfwfwf.epa.gov/oar/genconform/regs.htm
Agency Contact: H. Lynn Bail,
Environmental Protection Agency, Air
and Radiation, C539-01, RTF, NC
27711
Phone: 919 541-2363
Fax: 919 541-0824
Email: dail.lynn@epa.gov
Kimber Scavo, Environmental
Protection Agency, Air and Radiation,
C539-01, RTF, NC 27711
Phone: 919 541-3354
Fax: 919 541-0824
Email: scavo.kimber@epa.gov
RIN: 2060-AH93
652. COMPONENT DURABILITY
PROCEDURES FOR NEW LIGHT DUTY
VEHICLES, LIGHT DUTY TRUCKS AND
HEAVY DUTY VEHICLES
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7521
CFR Citation: 40 CFR 86
Legal Deadline: None
Abstract: On October 22, 2002, the
United States Court of Appeals for the
District of Columbia Circuit vacated
durability provisions that automotive
manufacturers used to demonstrate that
the emissions of their vehicles would
comply with emission standards for the
useful lives of those vehicles. The
Court also required EPA to issue new
regulations. This action fulfills the
mandate. The new durability
regulations will include options that a
manufacturer may choose from to age
pre-production vehicles to determine
the rate of emission deterioration over
the vehicle's useful life. The options
will include a prescribed fixed driving
cycle and a prescribed bench aging
cycle that are used to age prototype
vehicles or emission control
components to the equivalent of the
useful life period of the vehicle in a
manner that replicates the aging that
the vehicle or components would see
in actual use. This rule does not change
the federal emission standards or the
test procedures used to quantify
emissions. Although there is no court-
ordered deadline, this is a court-
ordered action.
Timetable:
Action
Date FR Cite
Supplemental 2
NPRM Comment
Period End
Final Action
02/16/06
01/00/11
Action
Date
FR Cite
Supplemental 2
NPRM
01/17/06 71 FR2843
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No.
4757.1; EPA publication information:
Supplemental 2 NPRM -
http://www.epa.gov/fedrgstr/ EPA-
AIR/2006/January/Day-17/a073.htm;
Split from RIN 2060-AK76.
Agency Contact: David Good,
Environmental Protection Agency, Air
and Radiation, AAPTIG, Ann Arbor, MI
48105
Phone: 734 214-1450
Email: good.david@epamail.epa.gov
RIN: 2060-AN01
653. CONTROL OF EMISSIONS FROM
NEW MARINE
COMPRESSION-IGNITION ENGINES
AT OR ABOVE 30 LITERS PER
CYLINDER
Priority: Other Significant
Legal Authority: 42 USC 7547; 42 USC
7545
CFR Citation: 40 CFR 1042; 40 CFR
1065; 40 CFR 94; 40 CFR 80
Legal Deadline: Final, Judicial,
December 17, 2009.
Abstract: Category 3 marine diesel
engines (those with per cylinder
displacement greater than 30 liters) are
very large engines that are used for
propulsion power in ocean-going
vessels. Emissions from these engines
contribute significantly to unhealthful
levels of ambient p articulate matter and
ozone in many parts of the United
States. These engines are highly mobile
and are not easily controlled at a state
or local level. EPA currently regulates
emissions from Category 3 marine
diesel engines on ships flagged in the
United States. This rulemaking will
consider long-term nitrogen oxides
(NOx) standards for new Category 3
marine diesel engines that would
require the use of high efficiency
aftertreatment technology. We are
considering standards equivalent to the
limits for NOx recently adopted by the
International Maritime Organization,
which are based on the position
advanced by the United States
Government as part of the international
negotiations. We are also considering a
revision to our diesel fuel program
under the Act to allow for the
manufacture and sale of marine diesel
fuel with a sulfur content up to 1,000
ppm for use in Category 3 engines. The
proposal would be part of a
coordinated strategy, the other
components of which would consist of
the new amendments to MARPOL
Annex VI that will extend these
standards to foreign vessels (through
the Act to Prevent Pollution from
Ships) and pursuing Emission Control
Area (EGA) designation for U.S. coastal
areas in accordance with MARPOL
Annex VI. Implementation of this
coordinated strategy will ensure that all
ships that affect U.S. air quality meet
stringent NOx and fuel sulfur
requirements. A recent D.C. Circuit
decision (February 2009) upheld EPA's
deadline of 12/17/09 based on EPA's
commitment in the regulation to meet
that deadline for the final Category 3
rule.
Timetable:
Action
Date FR Cite
ANPRM
ANPRM Comment
Period End
NPRM
NPRM Comment
Period End
Final Action
12/07/07 72 FR 69521
03/06/08
08/28/09 74 FR 44441
09/28/09
04/00/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
International Impacts: This regulatory
action will be likely to have
international trade and investment
effects, or otherwise be of international
interest.
Additional Information: SAN No. 5129;
EPA publication information: ANPRM
- http://www.epa.gov/fedrgstr/ EPA-
AIR/2007/December/ Day-
07/a23556.htm; EPA Docket
information: EPA-HQ-OAR-2007-0121.
URL For More Information:
www.epa.gov/otaq/oceanvessels.htm
Agency Contact: Jean Revelt,
Environmental Protection Agency, Air
and Radiation, OAR/OTAQ/ASD, Ann
Arbor, MI 48105
Phone: 734 214-4822
Fax: 734 214-4050
Email: revelt.jean-marie@epa.gov
51
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Spring 2010 Semiannual Regulatory Agenda
EPA—Clean Air Act
Final Rule Stage
Michael Samulski, Environmental
Protection Agency, Air and Radiation,
OAR/OTAQ/ASD, Ann Arbor, MI
48105
Phone: 734 214-4532
Fax: 734 214-4816
Email: samulski.michael@epa.gov
RIN: 2060-AO38
654. PROTECTION OF
STRATOSPHERIC OZONE: LISTING
OF SUBSTITUTES FOR
OZONE-DEPLETING SUBSTANCES:
N-PROPYL BROMIDE
Priority: Other Significant
Legal Authority: 42 USC 7414; 42 USC
7601; 42 USC 7671 to 7671q
CFR Citation: 40 CFR 82
Legal Deadline: None
Abstract: This rule would make a
determination as to whether n-
propylbromide (nPB) is an acceptable
substitute for Class I and Class II ozone-
depleting substances used in aerosol
solvent and adhesives end uses. If
found acceptable, this would provide
industry with another alternative to
solvents with higher ozone depletion
potential. An acceptability
determination could include specific
conditions on the use of nPB as a
solvent, such as limiting the specific
applications in which it may be used
to those with low emissions and
requiring exposure limits that would be
sufficient to mitigate risk and that are
consistent with industry practices. Any
conditions would be for the purpose of
ensuring that nPB is used in a manner
that is as safe and environmentally
protective as other available substitutes.
OSHA does not currently regulate nPB.
If we determine that nPB cannot be
used safely in a specific end use, as
compared with other substitutes
available for that end use, we would
find it unaccceptable.
Timetable:
Action
Date FR Cite
NPRM1
NPRM 1 Comment
Period End
NPRM Correction
NPRM 2—Adhesives
NPRM 2—Adhesives
Comment Period
End
Final Action
06/03/03 68 FR 33283
08/04/03
10/02/03 68 FR 56809
05/30/07 72 FR 30168
07/30/07
09/00/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 4599;
EPA publication information: NPRMl -
http://www.epa.gov/fedrgstr/ EPA-AIR/
2003/June/Day-03/ al3254.htm; Split
from RIN 2060-AJ58. The previous
ANPRM was under SAN No. 3525; EPA
Docket information: EPA-HQ-OAR-
2002-0064.
Sectors Affected: 334 Computer and
Electronic Product Manufacturing; 332
Fabricated Metal Product
Manufacturing; 337 Furniture and
Related Product Manufacturing; 333
Machinery Manufacturing; 331 Primary
Metal Manufacturing; 336
Transportation Equipment
Manufacturing; 32615 Urethane and
Other Foam Product (except
Polystyrene) Manufacturing
URL For More Information:
wf\vwf.epa.gov/ozone/snap/index.html
Agency Contact: Margaret Sheppard,
Environmental Protection Agency, Air
and Radiation, 6205J, Washington, DC
20460
Phone: 202 343-9163
Fax: 202 343-2338
Email:
sheppard.margaret@epamail.epa.gov
Melissa Fiffer, Environmental
Protection Agency, Air and Radiation,
6205J, Washington, DC 20460
Phone: 202 343-9464
Fax: 202 343-2342
Email: fiffer.melissa@epamail.epa.gov
RIN: 2060-AK26
655. PROTECTION OF
STRATOSPHERIC OZONE: LISTING
OF SUBSTITUTES IN THE MOTOR
VEHICLE AIR CONDITIONING SECTOR
UNDER THE SIGNIFICANT NEW
ALTERNATIVES POLICY (SNAP)
PROGRAM
Priority: Other Significant
Legal Authority: 42 USC 7671k
CFR Citation: 40 CFR 82.180
Legal Deadline: None
Abstract: Under the Significant New
Alternatives Policy (SNAP) program,
EPA evaluates alternatives to ozone-
depleting substances to ensure that they
do not increase overall risks to human
health and the environment. If finalized
as proposed, this rule would expand
the list of acceptable substitutes
(subject to use conditions) for use in
the motor vehicle air conditioning
(MVAC) sector. EPA has already issued
a final rule for the other substitute
addressed in this proposal, R-152a.
This final action pertains to R-744.
Timetable:
Action
Date FR Cite
NPRM
NPRM Comment
Period End
Final Rule
Notice of Data
Availability
Final Action
09/21/06 71 FR55140
10/23/06
06/12/08 73 FR 33304
09/17/09 74 FR 47774
11/00/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
International Impacts: This regulatory
action will be likely to have
international trade and investment
effects, or otherwise be of international
interest.
Additional Information: SAN No. 4918;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/ EPA-AIR/
2006/September/Day-21/a7967.htm;
EPA Docket information: EPA-OAR-
2004-0488.
URL For More Information:
www.epa.gov/ozone/snap/refrigerants/
lists/mvacs.html
Agency Contact: Yaidi Cancel,
Environmental Protection Agency, Air
and Radiation, 6205J, Washington, DC
20460
Phone: 202 343-9512
Fax: 202 343-2338
Email: cancel.yaidi@epa.gov
Margaret Sheppard, Environmental
Protection Agency, Air and Radiation,
6205J, Washington, DC 20460
Phone: 202 343-9163
Fax: 202 343-2338
Email:
sheppard.margaret@epamail.epa.gov
RIN: 2060-AM54
656. PROTECTION OF
STRATOSPHERIC OZONE: NEW
SUBSTITUTE IN THE MOTOR VEHICLE
AIR CONDITIONING SECTOR UNDER
THE SIGNIFICANT NEW
ALTERNATIVES POLICY (SNAP)
PROGRAM
Priority: Other Significant
Legal Authority: 42 USC 7671k
CFR Citation: 40 CFR 82, subpart G
52
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Spring 2010 Semiannual Regulatory Agenda
EPA—Clean Air Act
Final Rule Stage
Legal Deadline: None
Abstract: In this action, the Agency
proposes to list the refrigerant HFO-
1234yf as an acceptable substitute in
motor vehicle air conditioning (MVAC)
systems, and outlines the conditions
necessary for its safe use. This
refrigerant has very low global warming
potential. Current MVAC refrigerants
are highly potent greenhouse gases.
Timetable:
Action
NPRM
NPRM Comment
Period End
NPRM Comment
Period Reopened
NPRM Comment
Period End
NPRM Comment
Period Reopened
NPRM Comment
Period End
Final Action
Date
10/19/09
12/18/09
12/28/09
02/01/10
02/09/1 0
02/24/1 0
10/00/10
FR Cite
74 FR 53445
74 FR 68558
75 FR 6338
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
International Impacts: This regulatory
action will be likely to have
international trade and investment
effects, or otherwise be of international
interest.
Additional Information: SAN No. 5257;
EPA publication information: NPRM -
http://edocket.access.gpo.gov/
2009/pdf/E9-25106.pdf; EPA Docket
information: EPA-HQ-OAR-2008-0664.
URL For More Information:
wfwrwf.epa.gov/ozone/snap/
refrigerants/lists/mvacs.html
Agency Contact: Margaret Sheppard,
Environmental Protection Agency, Air
and Radiation, 6205J, Washington, DC
20460
Phone: 202 343-9163
Fax: 202 343-2338
Email:
sheppard.margaret@epamail.epa.gov
Yaidi Cancel, Environmental Protection
Agency, Air and Radiation, 6205J,
Washington, DC 20460
Phone: 202 343-9512
Fax: 202 343-2338
Email: cancel.yaidi@epa.gov
RIN: 2060-APll
657. ADDITION OF METHOD 208,
PROTOCOL FOR THE SOURCE
TESTING, ANALYSIS, AND
REPORTING OF VOC EMISSIONS
FROM HOT MIX ASPHALT PLANT
DRYERS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 51 app M
Legal Deadline: None
Abstract: Method 208 is a protocol for
collecting, analyzing, and reporting of
volatile organic compounds (VOC)
emissions from asphalt paving
production operations. It will produce
more accurate measurement of the mass
of VOC emissions from such operations
than any other current method for
measuring VOC. The method will allow?
the EPA to make a more accurate
assessment of whether asphalt paving
plants are major sources under the
Federal programs for New Source
Review and Prevention of Significant
Deterioration. EPA is promulgating
these methods to make them more
widely available and acceptable for use
by asphalt paving producers in meeting
various environmental regulations.
Timetable:
Action
Date FR Cite
Direct Final Action
06/00/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5146;
EPA Docket information: EPA-HQ-OAR-
2008-0622.
Agency Contact: Gary McAlister,
Environmental Protection Agency, Air
and Radiation, E143-02, RTF, NC
27711
Phone: 919 541-1062
Fax: 919 541-1039
Email: mcalister.gary@epamail.epa.gov
Candace Sorrell, Environmental
Protection Agency, Air and Radiation,
E143-02, RTF, NC 27711
Phone: 919 541-1064
Fax: 919 541-0516
Email: sorrell.candace@epa.gov
RIN: 2060-AO51
658. NATIONAL EMISSION
STANDARDS FOR HAZARDOUS AIR
POLLUTANTS: APPENDIX A—TEST
METHODS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63 app A
(revision)
Legal Deadline: None
Abstract: This action amends EPA's
Method 301; Field Validation of
Pollutant Measurement Methods from
Various Waste Media. Method 301 can
be found in appendix A of 40 CFR part
63 (Test Methods). Method 301 was
promulgated with 40 CFR part 63,
subpart D (Regulations Governing
Compliance Extensions for Early
Reductions of Hazardous Air
Pollutants)(58 FR 27338, June 13,
1991), pursuant to section 112 of the
Clean Air Act (as amended in 1990).
This action finalizes amendments to
Method 301 based on comments
received on proposed changes to the
Method published in the Federal
Register on December 22, 2004 (69 FR
76642), and amends errors identified in
the proposed amendments to the
Method.
Timetable:
Action
Date FR Cite
NPRM
NPRM Comment
Period End
Final Action
12/22/04 69 FR 76642
02/22/05
05/00/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5156;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/ EPA-
AIR/2004/December/ Day-
22/a27985.htm; EPA Docket
information: EPA-HQ-OAR-2004-0080.
Agency Contact: Gary McAlister,
Environmental Protection Agency, Air
and Radiation, E143-02, RTF, NC
27711
Phone: 919 541-1062
Fax: 919 541-1039
Email: mcalister.gary@epamail.epa.gov
Robin Segall, Environmental Protection
Agency, Air and Radiation, EW143-02,
Research Triangle Park, NC 27711
Phone: 919 541-0893
Fax: 919 541-0516
53
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Spring 2010 Semiannual Regulatory Agenda
EPA—Clean Air Act
Final Rule Stage
Email: segall.robin@epamail.epa.gov
RIN: 2060-AO53
659. REVIEW OF NEW SOURCE
PERFORMANCE STANDARDS-
PORTLAND CEMENT
Priority: Economically Significant.
Major under 5 USC 801.
Unfunded Mandates: This action may
affect the private sector under PL 104-
4.
Legal Authority: Clean Air Act sec 111
CFR Citation: 40 CFR 60 subpart F
Legal Deadline: NPRM, Judicial, May
31, 2008, Court ordered deadline.
Final, Judicial, June 6, 2010, Court
ordered deadline, 60-day extension
granted.
Abstract: New Source Performance
Standards (NSPS) regulate criteria
pollutants, such as particulate matter,
sulfur dioxide, and nitrogen oxides
from new stationary sources. The
Portland Cement NSPS were originally
promulgated in 1971, and last reviewed
in 1988. Section 111 of the Clean Air
Act requires that NSPS be reviewed
every 8 years and revised as
appropriate. The Sierra Club filed a
lawsuit to compel us to perform this
review, and we agreed to review the
NSPS and to promulgate final changes
by October 30, 2009. Since that time,
the plaintiff agreed to a promulgation
schedule for the NSPS of June 6, 2010,
which is the same date we will finalize
the Portland cement manufacturing air
emissions standards for air toxics
emissions.
Timetable:
Action
Date FR Cite
06/16/08 73 FR 34072
08/13/08 73 FR 47119
08/15/08
NPRM
NPRM Comment
Period Extended
NPRM Comment
Period End
NPRM Comment 09/30/08
Period Extended To
Final Action 06/00/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No. 5143;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/ EPA-
AIR/2008/June/Day-16/al2619.pdf;EPA
Docket information: EPA—HQ— OAR—
2007—0877.
Agency Contact: Keith Barnett,
Environmental Protection Agency, Air
and Radiation, D243-02, Research
Triangle Park, NC 27711
Phone: 919 541-5605
Fax: 919 541-3207
Email: barnett.keith@epa.gov
Steve Fruh, Environmental Protection
Agency, Air and Radiation, D243-02,
Research Triangle Park, NC 27711
Phone: 919 541-2837
Fax: 919 541-4991
Email: fruh.steve@epamail.epa.gov
RIN: 2060-AO42
660. CONTROL OF AIR POLLUTION
FROM NEW MOTOR VEHICLES AND
NEW MOTOR VEHICLE ENGINES:
SAFETEA-LU HOV FACILITIES RULE
Priority: Other Significant
Legal Authority: 23 USC 1121
CFR Citation: 40 CFR 86
Legal Deadline: NPRM, Judicial, March
2, 2008.
Abstract: This regulation establishes
criteria for certifying a vehicle as low
emitting and energy-efficient. State
High-Occupancy-Vehicle (HOV)
programs will reference this regulation
in their request to Federal Highway
Administration for exceptions to the 2-
person minimum occupancy HOV
requirement.
Timetable:
Action
NPRM
NPRM Comment
Period End
Final Action
Date FR Cite
05/24/07 72 FR 291 02
07/09/07
03/00/1 1
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State
Additional Information: SAN No. 5029;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/ EPA-
AIR/2007/May/Day-24/a9821.htm; EPA
Docket information: EPA-HQ-OAR-
2005-0173.
Agency Contact: Mary Manners,
Environmental Protection Agency, Air
and Radiation, N104, Ann Arbor, MI
48105
Phone: 734 214-1873
Email: manners.mary@epamail.epa.gov
Holly Pugliese, Environmental
Protection Agency, Air and Radiation,
AAIO, Ann Arbor, MI 48105
Phone: 734 214-4288
Email: pugliese.holly@epa.gov
RIN: 2060-AN68
661. PREVENTION OF SIGNIFICANT
DETERIORATION FOR PM2.5—
INCREMENTS, SIGNIFICANT IMPACT
LEVELS, AND SIGNIFICANT
MONITORING CONCENTRATIONS
Priority: Other Significant
Legal Authority: 42 USC 7410; 42 USC
7470 to 7479; 42 USC 7501 to 7503;
42 USC 760l(a)(l)
CFR Citation: 40 CFR 52.21; 40 CFR
51.166
Legal Deadline: None
Abstract: EPA is finalizing regulations
under the Prevention of Significant
Deterioration (PSD) program to
establish new increments, significant
impact levels (SILs) and a significant
monitoring concentration (SMC) for
fine particulate matter (particles with
an aerometric diameter less than or
equal to a nominal 2.5 micrometers,
"PM2.5") These regulations are
consistent with section 166 of the Clean
Air Act, which authorizes the
Environmental Protection Agency to
establish regulations to prevent
significant deterioration of air quality
due to emissions of any pollutant for
which National Ambient Air Quality
Standards (NAAQS) have been
promulgated. The NAAQS for PM2.5
were promulgated in 1997.
To help facilitate the States'
implementation of the preconstruction
review permit process, this action will
also establish screening tools (SILs and
SMC) to determine when sources must
complete analyses to satisfy specific
requirements associated with the
evaluation of PM2.5 impacts.
Timetable:
Action
Date
FR Cite
NPRM 09/21/07 72 FR 54112
Notice of Extension of 11/20/07 72 FR 65282
Comments
NPRM Comment 01/08/08
Period End
Final Action 06/00/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
54
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Spring 2010 Semiannual Regulatory Agenda
EPA—Clean Air Act
Final Rule Stage
Additional Information: SAN No. 5068;
EPA publication information: NPRM -
http://www.regulations.gov/search/
Regs/home. html idocumentDetail?
R=090000648029651b; EPA Docket
information: EPA-HQ-OAR-2006-0605.
URL For More Information:
Action
Date FR Cite
Agency Contact: Dan DeRoeck,
Environmental Protection Agency, Air
and Radiation, C504-03, RTF, NC
27711
Phone: 919 541-5593
Fax: 919 541-5509
Email: deroeck.dan@epamail.epa.gov
Raj Rao, Environmental Protection
Agency, Air and Radiation, C504-03,
RTF, NC 27711
Phone: 919 541-5344
Fax: 919 541-5509
Email: rao.raj@epamail.epa.gov
RIN: 2060-AO24
662. METHODS FOR MEASUREMENT
OF FILTERABLE PM10 AND PM2.5
AND MEASUREMENT OF
CONDENSABLE PARTICULATE
MATTER EMISSIONS FROM
STATIONARY SOURCES
Priority: Substantive, Nonsignificant
Legal Authority: Clean Air Act, 42 USC
7401 et seq
CFR Citation: 40 CFR 51 app M
Legal Deadline: None
Abstract: This action adds new
procedures to two methods required in
State Implementation Plans to measure
fine PM or PM 2.5 with condensable
emissions. Method 201a is amended to
add procedures and equipment
specifications for use of 2.5 micron size
cut cyclone, which may be used in
conjunction with the current 10 micron
size cut cyclone if measuring both
PM10 or PM2.5 or may be used alone
if only PM2.5 is to be measured.
Method 202 is amended to add
procedures and equipment
specifications to be followed when the
measurement of fine PM which
includes condensable emissions is
required. These amendments improve
the accuracy and precision of current
version of Method 202.
Timetable:
NPRM Comment
Period End
Final Action
05/26/09
05/00/10
Action
Date
FR Cite
NPRM
03/25/09 74 FR 12969
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Local,
State
Additional Information: SAN No. 5147;
EPA publication information: NPRM -
http://edocket.access.gpo.gov/
2009/pdf/E9-6178.pdf; EPA Docket
information: EPA-HQ-QAR-2008-0348.
Agency Contact: Candace Sorrell,
Environmental Protection Agency, Air
and Radiation, E143-02, RTF, NC
27711
Phone: 919 541-1064
Fax: 919 541-0516
Email: sorrell.candace@epa.gov
Conniesue Oldham, Environmental
Protection Agency, Air and Radiation,
E143-02, RTF, NC 27711
Phone: 919 541-7774
Fax: 919 541-0516
Email:
oldham.conniesue@epamail.epa.gov
RIN: 2060-AO58
663. REGULATION OF FUELS AND
FUEL ADDITIVES: ALTERNATIVE
AFFIRMATIVE DEFENSE
REQUIREMENTS FOR ULTRA-LOW
SULFUR DIESEL AND GASOLINE
BENZENE TECHNICAL AMENDMENT
Priority: Other Significant
Legal Authority: Clean Air Act sec 211
CFR Citation: 40 CFR 80
Legal Deadline: None
Abstract: This rule provides flexibility
to refiners, importers and distributors
of diesel fuel by amending the ultra-
low sulfur diesel (ULSD) regulations to
allow a nationwide sampling and
testing program to be used as an
alternative means of meeting the
sampling and testing defense elements
under 40 CFR section 80.613. This
alternative method would consist of a
comprehensive program of quality
assurance sampling and testing
calculated to achieve the same
objectives as the current regulatory
quality assurance requirement; i.e. that
the sulfur content in ULSD does not
exceed regulatory limits. This rule also
amends the gasoline benzene
regulations to allow disqualified small
refiners the same opportunity to
generate gasoline benzene credits as
that afforded to non-small refiners.
Timetable:
Action
Date
FR Cite
Direct Final Action 04/00/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5154.
Agency Contact: Jaimee Dong,
Environmental Protection Agency, Air
and Radiation, 6406J, Washington, DC
20460
Phone: 202 343-9672
Fax: 202 343-2802
Email: dong.jaimee@epamail.epa.gov
RIN: 2060-AO71
664. IMPLEMENTATION OF THE 1997
8-HR OZONE NAAQS:
CLASSIFICATION OF SUBPART 1
AREAS AND REVISION TO
ANTI-BACKSLIDING PROVISIONS;
DELETION OF OBSOLETE 1-HR
OZONE STANDARD PROVISIONS
Priority: Other Significant
Legal Authority: 42 USC 7410; 42 USC
7511 to 7511f; 42 USC 7601(a)(l)
CFR Citation: 40 CFR 51; 40 CFR 50;
40 CFR 81
Legal Deadline: None
Abstract: This rulemaking action
would revise the rule for
implementation of the 8-hour ozone
national ambient air quality standard
(NAAQS) to address partial vacatur by
the U.S. Circuit Court of Appeals for
the District of Columbia Circuit. The
rulemaking would remove the portions
of the regulatory text vacated by the
Court, specifically: (1) The provision
that places some 8-hour ozone
nonattainment areas under title I, part
D, subpart 1, of the CAA; (2) remove
the exemption from anti-backsliding for
the following three obligations under
the now -revoked 1-hour ozone NAAQS:
- New source review;
- CAA Section 185 penalty fees for
severe and extreme areas that fail to
attain the 1-hour standard by their
attainment date; and
- Contingency measures for failure to
attain the 1-hour standard or make
reasonable progress toward attainment.
55
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Spring 2010 Semiannual Regulatory Agenda
EPA—Clean Air Act
Final Rule Stage
The rule would also address: (1) The
classification system for nonattainment
areas that the implementation rule
originally covered under Clean Air Act
(CAA) title I, part D, subpart 1; and
(2) contingency measures that apply as
anti-backsliding measures under the
now-revoked 1-hour standard. The rule
would also remove an obsolete
provision in the 1-hour ozone standard
itself (40 CFR 50.9(c)).
Timetable:
Action
Date FR Cite
NPRM
NPRM Comment
Period End
Final Action
01/16/09 74 FR 2936
02/17/09
09/00/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Local,
State
Additional Information: SAN No. 5194;
EPA publication information: NPRM -
http://www.regulations.gov/search
/Regs/home.htmlidocumentDetail?
R=09000064808228fl; EPA Docket
information: EPA-HQ-OAR-2007-0956.
Agency Contact: H. Lynn Bail,
Environmental Protection Agency, Air
and Radiation, C539-01, RTF, NC
27711
Phone: 919 541-2363
Fax: 919 541-0824
Email: dail.lynn@epa.gov
RIN: 2060-AO96
665. AMBIENT OZONE MONITORING
REGULATIONS: REVISIONS TO
NETWORK DESIGN REQUIREMENTS
Priority: Other Significant
Legal Authority: 42 USC 7403; 42 USC
7410; 42 USC 760l(a); 42 USC 7611;
42 USC 7619
CFR Citation: 40 CFR 58
Legal Deadline: None
Abstract: Ozone monitoring
requirements were revised in October
2006 during a comprehensive revision
of ambient monitoring requirements
contained in 40 CFR parts 50, 53, and
58. These changes included revised
minimum monitoring requirements for
ozone monitors in urban areas as well
as changes to the length of the required
monitoring season. As stated in the
Ozone National Ambient Air Quality
Standards (NAAQS) final rule
published on March 27, 2008 (73 FR
16436), EPA believes that certain
changes are needed in the ozone
minimum monitoring requirements to
account for the newly revised levels of
the NAAQS (primary and secondary
NAAQS levels for ozone were revised
from an 8-hour level of 0.08 ppm to
an 8-hour level of 0.075 ppm). In this
rulemaking, EPA will propose: (1)
modest changes to minimum
monitoring requirements in urban
areas, (2) minimal monitoring
requirements in rural areas, and (3)
incremental adjustments to the length
of the ozone monitoring season where
indicated by statistical analysis. These
proposed actions have been developed
in response to comments that were
received from some States, national
monitoring associations, and
environmental groups during the Ozone
NAAQS proposal that was published
on July 11, 2007 (72 FR 37818). No
changes will be proposed in ozone
measurement methodology, quality
assurance requirements, or probe siting
requirements. Therefore, the
implementation of any proposed
changes should be routine for affected
monitoring agencies.
Timetable:
Action
Date FR Cite
NPRM
NPRM Comment
Period End
Final Action
07/16/09 74 FR 34525
09/14/09
04/00/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No. 5259;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/ EPA-
AIR/2009/July/Day-16/al6802.pdf; EPA
Docket information: EPA-HQ-OAR-
2008-0338.
Agency Contact: Lewis Weinstock,
Environmental Protection Agency, Air
and Radiation, C304-06, RTF, NC
27711
Phone: 919 541-3661
Fax: 919 541-1903
Email:
weinstock.lewis@epamail.epa.gov
Lula Melton, Environmental Protection
Agency, Air and Radiation, C304-06,
RTF, NC 27711
Phone: 919 541-2910
Fax: 919 541-1903
Email: melton.lula@epamail.epa.gov
RIN: 2060-AP15
666. NESHAP: GASOLINE
DISTRIBUTION; AMENDMENTS-
AREA SOURCE STANDARD
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et. seq
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: On January 10, 2008, EPA
issued final national emission
standards for hazardous air pollutants
for gasoline distribution area source
bulk terminals, bulk plants, pipeline
facilities, and gasoline dispensing
facilities. Subsequently, we received
two petitions for reconsideration from
industry to clarify some applicability
and implementation provisions of the
final rule. On December 15, 2009, we
proposed amendments to address the
issues raised by the petitioners as well
as compliance-related questions raised
by other stakeholders. This action is to
consider public comments on the
proposed amendments, and develop
and issue final amendments.
Timetable:
Action
NPRM
NPRM Comment
Period End
Final Action
Date FR Cite
12/15/09 74 FR 66470
02/1 6/1 0
12/00/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5260;
EPA Docket information: EPA-HQ-OAR-
2006-0406.
Agency Contact: Steve Shedd,
Environmental Protection Agency, Air
and Radiation, E143-01, RTF, NC
27711
Phone: 919 541-5397
Fax: 919 685-3195
Email: shedd.steve@epamail.epa.gov
Ken Hustvedt, Environmental
Protection Agency, Air and Radiation,
E143-01, RTF, NC 27711
Phone: 919 541-5395
Fax: 919 685-3200
Email: hustvedt.ken@epamail.epa.gov
RIN: 2060-AP16
56
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Spring 2010 Semiannual Regulatory Agenda
EPA—Clean Air Act
Final Rule Stage
667. RESTRUCTURING OF THE
STATIONARY SOURCE AUDIT
PROGRAM
Priority: Substantive, Nonsignificant
Legal Authority: 23 USC 101; 42 USC
7401 to 7671q; 42 USC 7410, 7414,
7421, 7470 to 7479, 7491,7492,7601,
and 7602; 42 USC 7401, 7412,7413,
7414, 7416, 7601,and 7602; 42 USC
7401 et seq
CFR Citation: 40 CFR 51, 60, 61, and
63
Legal Deadline: None
Abstract: 40 CFR parts 51, 60, 61, and
63 contain EPA's air toxics emissions
standards (NESHAPS) and emission
standards for new stationary sources
(NSPS). 40 CFR 63.7(c)(2)(ii) requires
an external Quality Assurance (QA)
program that at a minimum includes
an application of plans for a test
method performance audit during the
performance test. 40 CFR part 60
appendices also contain similar
requirements within individual test
methods. Currently, EPA provides these
audit samples free of charge because
there were no commercial sources.
Because of growth in the laboratory
calibration standards, there are now
commercial sources available to
provide these audit samples.
Restructuring this program will allow
commercial suppliers to replace EPA as
the source of audit samples. As a result
of restructuring, there will be both
greater availability and new kinds of
audit samples which should yield
increased usage of the audit sample
program and, in turn, overall better
quality test data.
Timetable:
Action
Date FR Cite
NPRM
NPRM Comment
Period End
Final Action
06/16/09 74 FR 28451
07/16/09
04/00/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 5273;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/ EPA-
AIR/2009/June/Day-16/al4023.pdf;EPA
Docket information: EPA-HQ-OAR-
2008-0531.
Agency Contact: Candace Sorrell,
Environmental Protection Agency, Air
and Radiation, E143-02, RTF, NC
27711
Phone: 919 541-1064
Fax: 919 541-0516
Email: sorrell.candace@epa.gov
Gary McAlister, Environmental
Protection Agency, Air and Radiation,
E143-02, RTF, NC 27711
Phone: 919 541-1062
Fax: 919 541-1039
Email: mcalister.gary@epamail.epa.gov
RIN: 2060-AP23
668. TRANSPORTATION CONFORMITY
PM2.5 AND PM10 AMENDMENTS
Priority: Other Significant
Legal Authority: Clean Air Act
CFR Citation: Not Yet Determined
Legal Deadline: Other, Statutory,
March 1, 2009, CAA gives new areas
1 year before conformity applies, from
effective date of designation (3/09).
Rule needed for new areas.
Abstract: The transportation
conformity rule ensures that
transportation planning is consistent
with a State's plan for achieving air
quality standards. These technical
amendments would clarify (1) how
certain highway and transit projects
meet statutory conformity requirements
for particulate matter, to respond to a
December 2007 court ruling, and (2)
how to implement conformity
requirements in light of the revocation
of the October 17, 2006, revisions to
the PM10 and 24-hour PM2.5
standards.
Timetable:
Action
Date FR Cite
NPRM
NPRM Comment
Period End
Final Action
05/15/09 74 FR 23024
06/15/09
04/00/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5286;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/ EPA-
AIR/2009/May/Day-15/alll84.pdf.
Agency Contact: Laura Berry,
Environmental Protection Agency, Air
and Radiation, AASMCG, Ann Arbor,
MI 48105
Phone: 734 214-1858
Email: berry.laura@epamail.epa.gov
Patty Klavon, Environmental Protection
Agency, Air and Radiation, AASMCG,
Ann Arbor, MI 48105
Phone: 734 214-4476
Email: klavon.patty@epamail.epa.gov
RIN: 2060-AP29
669. EPA/NHTSA JOINT RULEMAKING
TO ESTABLISH LIGHT-DUTY
GREENHOUSE GAS EMISSION
STANDARDS AND CORPORATE
AVERAGE FUEL ECONOMY
STANDARDS
Priority: Economically Significant.
Major under 5 USC 801.
Unfunded Mandates: This action may
affect the private sector under PL 104-
4.
Legal Authority: Clean Air Act sec
202(a)
CFR Citation: 40 CFR 86 and 600
Legal Deadline: None
Abstract: EPA plans to set national
emissions standards under section 202
(a) of the Clean Air Act to control
greenhouse gas (GHG) emissions from
passenger cars and light-duty trucks,
and medium-duty passenger vehicles,
as part of a joint rulemaking with the
National Highway Traffic Safety
Administration (NHTSA). This joint
rulemaking effort was announced by
President Obama on May 19, 2009. EPA
and NHTSA published a joint Notice
of Proposed Rulemaking in the Federal
Register on September 28, 2009. The
GHG standards would significantly
reduce the GHG emissions from these
light-duty vehicles. The standards
would be phased in beginning with the
2012 model year through model year
2016. The joint final rule is expected
to be signed by EPA and NHTSA by
March 31, 2010. EPA's final action
follows EPA's final findings, published
December 15, 2009, that emissions of
greenhouse gases may reasonably be
anticipated to endanger public health
or welfare, and that emissions from
new motor vehicles and motor vehicle
engines contribute to the atmospheric
concentrations of these greenhouse
gases and hence to the threat of climate
change.
Timetable:
Action
Date
FR Cite
NPRM
NPRM Comment
Period End
Final Action
09/28/09 74 FR 49453
11/27/09
04/00/10
57
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Spring 2010 Semiannual Regulatory Agenda
EPA—Clean Air Act
Final Rule Stage
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5344;
EPA publication information: NPRM -
http://edocket.access.gpo.gov/
2009/pdf/E9-22516.pdf; Related to RDM
2127—AK90; EPA Docket information:
EPA-HQ-OAR-2009-0472.
Agency Contact: Robin Moran,
Environmental Protection Agency, Air
and Radiation, ASD, Ann Arbor, MI
48105
Phone: 734 214-4781
Fax: 734 214-4816
Email: moran.robin@epamail.epa.gov
Chris Lieske, Environmental Protection
Agency, Air and Radiation, ASD, Ann
Arbor, MI 48105
Phone: 734 214-4584
Fax: 734 214-4816
Email:
lieske.christopher@epamail.epa.gov
Related RIN: Related to 2127-AK50
RIN: 2060-AP58
670. PROTECTION OF
STRATOSPHERIC OZONE:
ALLOCATION OF ESSENTIAL USE
ALLOWANCES FOR CALENDAR YEAR
2010
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7414; 42 USC
7601; 42 USC 7671 to 7671q
CFR Citation: 40 CFR 82
Legal Deadline: None
Abstract: This rule would allocate
essential use allowances for the import
and production of Class I ozone
depleting substances for 2010. Essential
use allowances enable a person to
produce or import controlled Class I
ozone depleting substances under the
essential use exemption to the
regulatory phaseout of these chemicals,
which became effective on January 1,
1996. The production of these
chemicals was phased out
internationally due to their harmful
effects on the earth's ozone layer. EPA
has promulgated rules to allocate new
production under this exemption since
the 1996 phase out. The essential users
under this rulemaking are
manufacturers of important medical
devices such as asthma inhalers.
Timetable:
Action
Date FR Cite
NPRM
NPRM Comment
Period End
Final Action
12/11/09 74 FR 65719
01/11/10
04/00/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
International Impacts: This regulatory
action will be likely to have
international trade and investment
effects, or otherwise be of international
interest.
Additional Information: SAN No. 5345;
EPA publication information: NPRM -
http://www.gpo.gov/fdsys/pkg/ FR-
2009-12-11/pdf/ E9-29556.pdf; EPA
Docket information: EPA-HQ-OAR
-2009-0566.
URL For More Information:
www.epa.gov/ozone/title6/exemptions/
essential.html
Agency Contact: Jeremy Arling,
Environmental Protection Agency, Air
and Radiation, 6205J, Washington, DC
20460
Phone: 202 343-9055
Fax: 202 343-2338
Email: arling.jeremy@epamail.epa.gov
Ross Brennan, Environmental
Protection Agency, Air and Radiation,
6205J, Washington, DC 20460
Phone: 202 343-9226
Email: brennan.ross@epamail.epa.gov
RIN: 2060-APS9
671. PROTECTION OF
STRATOSPHERIC OZONE: THE 2010
CRITICAL USE EXEMPTION FROM
THE PHASEOUT OF METHYL
BROMIDE
Priority: Other Significant
Legal Authority: 42 USC 767lc(d)(6)
CFR Citation: 40 CFR 82
Legal Deadline: None
Abstract: This action would authorize
uses that will qualify for the 2010
critical use exemption from the
phaseout of methyl bromide, and
would also authorize the amount of
methyl bromide that may be produced,
imported, or supplied from inventory
for those uses in 2010. EPA takes this
action under the authority of the Clean
Air Act to reflect recent consensus
decisions taken by the Parties to the
Montreal Protocol on Substances that
Deplete the Ozone Layer at the 20th
Meeting of the Parties. The Parties have
approved critical use methyl bromide
every year since the phaseout in 2005.
Since this rulemaking would confer a
benefit by exempting the production
and use of a phased-out chemical, there
is no significant adverse impact on
small entities.
Timetable:
Action
NPRM
NPRM Comment
Period End
Final Action
Date FR Cite
11/23/09 74 FR 61 078
12/23/09
04/00/1 0
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
International Impacts: This regulatory
action will be likely to have
international trade and investment
effects, or otherwise be of international
interest.
Additional Information: SAN No. 5356;
EPA publication information: NPRM -
http://edocket.access.gpo.gov/
2009/pdf/E9-27822.pdf; EPA Docket
information: EPA-HQ-OAR-2009-0351.
URL For More Information:
wfwfwf.epa.gov/ozone/mbr/index.html
Agency Contact: Jeremy Arling,
Environmental Protection Agency, Air
and Radiation, 6205J, Washington, DC
20460
Phone: 202 343-9055
Fax: 202 343-2338
Email: arling.jeremy@epamail.epa.gov
RIN: 2060-AP62
672. REVISION TO PB AMBIENT AIR
MONITORING REQUIREMENTS
Priority: Other Significant
Legal Authority: 42 USC 7403, 7410,
7601(a), 7611, and 7619
CFR Citation: 40 CFR 58
Legal Deadline: None
Abstract: On November 12, 2008, the
Environmental Protection Agency (EPA
revised the National Ambient Air
Quality Standards (NAAQS) for lead
(Pb) and associated monitoring
requirements. The finalized monitoring
requirements require State and local
58
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Spring 2010 Semiannual Regulatory Agenda
EPA—Clean Air Act
Final Rule Stage
monitoring agencies to conduct Pb
monitoring near Pb sources emitting 1
tons per year (tpy) or more and in large
urban areas referred to as Core Based
Statistical Areas (CBSA) with a
population of 500,000 people or more.
In January 2009, EPA received a
petition to reconsider the 1 tpy
emission threshold from the Missouri
Coalition for the Environment
Foundation, Natural Resources Defense
Council, the Coalition to End
Childhood Poisoning, and Physicians
for Social Responsibility requesting
EPA reconsider the 1 tpy emission
threshold. EPA granted the petition to
reconsider on July 22, 2009. This action
represents the results of the EPA's
reconsideration of the Pb monitoring
requirements.
A proposed revision was published on
December 30, 2009, in which the EPA
proposed to lower the emission
threshold to 0.50 tpy, and to require
Pb monitoring at the approximately 80
NCore sites instead of monitoring Pb
in CBSA's with a population greater
than 500,000. The EPA also requested
comments on an emission threshold
greater than 0.50 tpy, alternative
approaches for monitoring Pb near
airports, and on staggering the
monitoring deployment over 2 years.
Timetable:
Action
NPRM
NPRM Comment
Period End
Final Action
Date FR Cite
12/30/09 74 FR 69050
02/1 6/1 0
11/00/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State
Additional Information: SAN No. 5370;
EPA publication information: NPRM -
http://www.regulations.gov/search
/Regs/home.htmlidocumentDetail?
R=0900006480a74184; EPA Docket
information: EPA-HQ-OAR-2006-0735.
URL For More Information:
www.epa.gov/air/lead
Agency Contact: Kevin Cavender,
Environmental Protection Agency, Air
and Radiation, C304-06, RTF, NC
27711
Phone: 919 541-2364
Fax: 919 541-1903
Email: cavender.kevin@epamail.epa.gov
Lews Weinstock, Environmental
Protection Agency, Air and Radiation,
C304-06, RTF, NC 27711
Phone: 919 541-3661
Fax: 919 541-1903
Email:
wfeinstock.lewfis@epamail.epa.gov
RIN: 2060-AP77
673. AIR QUALITY DESIGNATIONS
FOR THE 2008 LEAD NATIONAL
AMBIENT AIR QUALITY STANDARDS
Priority: Info./Admin./Other
Legal Authority: CAA sec I07(d), 42
USC 7407(d)
CFR Citation: Not Yet Determined
Legal Deadline: Final, Statutory,
October 15, 2010, CAA requires EPA
to issue designations no later than 2
years from the 10/15/08 promulgation
of the revised lead NAAQS.
Abstract: This action will establish
initial air quality designations for all
areas of the United States under the
revised 2008 lead NAAQS.
Designations of attainment,
nonattainment, or unclassifiable are
based upon air quality monitoring data
and other relevant information
pertaining to the air quality in the
affected area, including whether an area
contributes to a violation of the
standard in a nearby area. EPA is
required to make the final initial
designations no later than 2 years from
the October 15, 2008, promulgation of
the revised NAAQS.
Timetable:
Email: jones.rhea@epa.gov
RIN: 2060-AP78
Action
Date
FR Cite
Final Action 10/00/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5372.
Agency Contact: Rhonda Wright,
Environmental Protection Agency, Air
and Radiation, C539-04, RTF, NC
27709
Phone: 919 541-1087
Fax: 919 541-0824
Email: wright.rhonda@epa.gov
Rhea Jones, Environmental Protection
Agency, Air and Radiation, C539-04,
RTF, NC 27709
Phone: 919 541-2940
Fax: 919 541-0824
674. PREVENTION OF SIGNIFICANT
DETERIORATION/TITLE V
GREENHOUSE GAS TAILORING RULE
Priority: Other Significant
Legal Authority: Clean Air Act title I
CFR Citation: 40 CFR 51, 52, 70, and
71
Legal Deadline: None
Abstract: In this rule, EPA will apply
a tailored approach to the applicability
major source thresholds for greenhouse
gases under the Prevention of
Significant Deterioration (PSD) and title
V programs of the Clean Air Act (CAA
or Act) by temporarily raising those
thresholds and setting a PSD
significance level for greenhouse gases.
EPA is anticipating that greenhouse gas
(GHG) emissions may soon be subject
to regulation pursuant to the CAA.
One consequence of our subjecting
GHG emissions to regulatory controls
is that the requirements of existing air
permit programs, namely the
prevention of significant deterioration
(PSD) preconstruction permitting
program for major stationary sources
and the title V operating permits
program, would be triggered for GHG
emission sources. At the current
applicability levels under the CAA,
tens of thousands of projects every year
would need permits under the PSD
program, and millions of sources would
become subject to the title V program.
These numbers of permits are orders
of magnitude greater than the current
number of permits under these
permitting programs and would vastly
exceed the administrative capacity of
the permitting authorities. By tailoring
the applicability thresholds, we will
allow actions to be taken by EPA and
states to build capacity and streamline
permitting.
Timetable:
Action
NPRM
NPRM Comment
Period End
Final Action
Date FR Cite
10/27/09 74 FR 55292
11/27/09
05/00/1 0
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
59
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Spring 2010 Semiannual Regulatory Agenda
EPA—Clean Air Act
Final Rule Stage
Additional Information: SAN No. 5192;
EPA publication information: NPRM -
http://www.regulations.gov/search
/Regs/home.htmlidocumentDetail?
R=0900006480a4c6ba; EPA Docket
information: EPA-HQ-OAR-2009-0517.
URL For More Information:
wrwrwf.epa.gov/nsr
Agency Contact: Joseph Mangino,
Environmental Protection Agency, Air
and Radiation, C504-03, Research
Triangle Park, NC 27711
Phone: 919 541-9778
Fax: 919 685-3105
Email:
mangino.joseph@epamail.epa.gov
Jennifer Snyder, Environmental
Protection Agency, Air and Radiation,
C504-05, Research Triangle Park, NC
27711
Phone: 919 541-3003
Fax: 919 541-5509
Email: snyder.jennifer@epamail.epa.gov
RIN: 2060-AP86
675. RECONSIDERATION OF THE 2008
OZONE NATIONAL AMBIENT AIR
QUALITY STANDARDS
Priority: Economically Significant.
Major under 5 USC 801.
Legal Authority: 42 USC 7409
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: On March 12, 2008, EPA
announced the final decision on the
ozone national ambient air quality
standards (NAAQS). Soon after that
decision was signed on March 27, 2008
(73 FR 16436), the Clean Air Scientific
Advisory Committee (CASAC) held an
unsolicited public meeting and
criticized EPA for setting primary and
secondary standards that were not
consistent with advice provided by the
CASAC during review of the NAAQS.
On July 25, 2008, several
environmental and industry petitioners,
as well as a number of States, sued EPA
on the NAAQS decision, and the Court
set a briefing schedule for the
consolidated cases on December 23,
2008. On March 10, 2009, EPA
requested that the Court vacate the
briefing schedule and hold the
consolidated cases in abeyance for 180
days. This request for extension was
made to allow time for appropriate EPA
officials appointed by the new
Administration to determine whether
the standards established in March
2008 should be maintained, modified
or otherwise reconsidered.
Announcement of reconsideration of
the March 2008 NAAQS decision
occurred on September 16, 2009. The
current rulemaking schedule calls for
a NAAQS proposal (including a
proposal to stay implementation
designations for the March 2008
NAAQS) to be signed by December 15,
2009, with the final rule to be signed
by August 31, 2010. Reconsideration of
the NAAQS will be limited to
information and supporting
documentation available to EPA and in
the docket at the time of the March
2008 decision.
Timetable:
Action
NPRM
NPRM Comment
Period End
Final Action
Date
01/19/10
03/22/10
09/00/10
FR Cite
75 FR 2938
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No. 5405;
EPA publication information: NPRM -
http://www.regulations.gov/search/
Regs/home.htmlidocumentDetail?
R=0900006480a7f618; Related to RIN
2060-AN24; EPA Docket information:
EPA-HQ-OAR-2 005 -017 2.
URL For More Information:
www.epa.gov/air/criteria.html
Agency Contact: Dave Mckee,
Environmental Protection Agency, Air
and Radiation, C5 04-06, Research
Triangle Park, NC 27711
Phone: 919 541-5288
Fax: 919 541-0237
Email: mckee.dave@epamail.epa.gov
Karen Martin, Environmental Protection
Agency, Air and Radiation, C504-06,
Research Triangle Park, NC 27711
Phone: 919 541-5274
Fax: 919 541-0237
Email: martin.karen@epamail.epa.gov
Related RIN: Related to 2060-AN24
RIN: 2060-AP98
676. REGULATION TO ESTABLISH
MANDATORY REPORTING OF GHGS
FROM INDUSTRIAL LANDFILLS,
WASTEWATER, UNDERGROUND
COAL MINES, AND MAGNESIUM
PRODUCTION
Priority: Other Significant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 98
Legal Deadline: None
Abstract: On October 30, 2009, EPA
finalized a rule establishing GHG
reporting requirements for
approximately 10,000 facilities and
suppliers in the U.S. (74 FR 56260).
There were a few source categories
originally included in the proposed
rule (74 FR 16448) that were not
included in the final rule promulgated
in October in order to provide EPA
more time to review and respond to
the comments. Several of those delayed
source categories are being re-proposed
in separate actions. After further review
of the comments, we determined that
four of the remaining source categories,
Industrial Wastewater, Industrial
Landfills, Underground Coal Mines,
and Magnesium Production, do not
need to be re-proposed but rather we
are responding to the comments and
going final with those subparts in this
action.
Timetable:
Action
Date FR Cite
Final Action
06/00/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No.
5242.1; EPA publication information:
NPRM - http://edocket.access.gpo.gov/
2009/pdf/E9-5711.pdf; Split from RIN
2060-AO79; EPA Docket information:
EPA-HQ-OAR-2008-0508.
URL For More Information:
www.epa.gov/climatechange/emissions/
ghgrulemaking.html
Agency Contact: Rachel Schmeltz,
Environmental Protection Agency, Air
and Radiation, 6207J, Washington, DC
20460
Phone: 202 343-9124
Email: schmeltz.rachel@epa.gov
Carole Cook, Environmental Protection
Agency, Air and Radiation, 6207J,
Washington, DC 20460
60
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Spring 2010 Semiannual Regulatory Agenda
EPA—Clean Air Act
Final Rule Stage
Phone: 202 343-9334
Email: cook.carole@epamail.epa.gov
Related RIN: Related to 2060-AO79
RIN: 2060-AQ03
677. • NATIONAL EMISSION
STANDARDS FOR HAZARDOUS AIR
POLLUTANTS FOR RECIPROCATING
INTERNAL COMBUSTION ENGINES-
EXISTING STATIONARY SPARK
IGNITION (GAS-FIRED)
Priority: Economically Significant.
Major under 5 USC 801.
Legal Authority: 42 USC 7412(d)
CFR Citation: 40 CFR 63
Legal Deadline: Final, Judicial, August
10, 2010, Consent decree for NESHAP
for existing engines <500 HP at major
source and existing all HP at area
source.
Abstract: The action will establish
NESHAP for existing stationary spark
ignition (gas-fired) RICE that are either
located at area sources of HAP or are
500 HP or less and located at major
sources of HAP. EPA has previously
promulgated NESHAP for new
stationary RICE located at major
sources of HAP emissions, existing
stationary spark ignition (gas-fired)
engines that have a site rating of greater
than 500 brake hp and are located at
major sources of HAP emissions, and
new stationary RICE located at area
sources of HAP emissions.
Timetable:
Action
Date FR Cite
Final Action 09/00/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No.
5300.1; EPA publication information:
NPRM - http://edocket.access.gpo.gov/
2009/pdf/E9-4595.pdf; Split from RIN
2060-AP36; EPA Docket information:
EPA-HQ-OAR-2008-0708.
Agency Contact: Melanie King,
Environmental Protection Agency, Air
and Radiation, D243-01, RTF, NC
27711
Phone: 919 541-2469
Email: king.melanie@epamail.epa.gov
Robert Wayland, Environmental
Protection Agency, Air and Radiation,
D243-01, RTF, NC 27711
Phone: 919 541-1045
Fax: 919 541-5450
Email:
wayland.robertj@epamail.epa.gov
RIN: 2060-AQ13
678. • MINOR HARMONIZING
CHANGES TO GENERAL PROVISIONS
OF THE GHG MANDATORY
REPORTING RULE
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 98
Legal Deadline: None
Abstract: This action would make
minor harmonizing changes to the
general provisions for the greenhouse
gas reporting rule (40 CFR part 98,
subpart A) to accommodate the
addition of source categories not
included in the 2009 final rule. This
includes subparts proposed in April
2009 but not finalized in 2009, and any
new subparts that may be proposed in
the future. The rule would update 40
CFR 98.2(a) on rule applicability and
40 CFR 98.3 regarding the reporting
schedule to accommodate any
additional subparts and the schedule
for their reporting obligations (e.g.,
source categories finalized in 2010
would not begin reporting until 2011
and reporting in 2012).
Timetable:
Action
Date FR Cite
Direct Final Action
04/00/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 5437;
EPA Docket information: EPA-HQ-OAR-
2008-0508.
URL For More Information:
www.epa.gov/climatechange/emissions/
ghgrulemaking.html
Agency Contact: Suzanne Kocchi,
Environmental Protection Agency, Air
and Radiation, 6207J, Washington, DC
20460
Phone: 202 343-9387
Email: kocchi.suzanne@epamail.epa.gov
Lisa Hanle, Environmental Protection
Agency, Air and Radiation, 6207J,
Washington, DC 20460
Phone: 202 343-9434
Email: hanle.lisa@epa.gov
RIN: 2060-AQ15
679. • TECHNICAL AMENDMENTS
FOR MARINE SPARK-IGNITION
ENGINES AND VESSELS
Priority: Info./Admin./Other
Legal Authority: Not Yet Determined
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: In the final rulemaking for
new exhaust and evaporative emissions
standards for nonroad spark-ignition
engines, vessels, and equipment (73 FR
59034, Oct. 8, 2008), EPA established
first-ever evaporative emissions
standards for marine vessels. For one
small subset of marine fuel tanks
(portable tanks), further evaluation of
the design standard for diurnal
emissions has raised a concern that fuel
spillage may occur under certain
circumstances. We have engaged the
industry to identify a simple, safe, and
emissions-neutral solution to this issue.
The purpose of this action is to make
technical amendments to the design
standard for portable tanks that will
allow for this solution. In addition, we
also intend to incorporate safe
recommended practices, developed
through industry consensus, for
portable marine fuel tanks.
Timetable:
Action
Date FR Cite
Direct Final Action
11/00/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5446;
Related to RIN 2060—AM34.
Agency Contact: Michael Samulski,
Environmental Protection Agency, Air
and Radiation, OAR/OTAQ/ASD, Ann
Arbor, MI 48105
Phone: 734 214-4532
Fax: 734 214-4816
Email: samulski.michael@epa.gov
Glenn Passavant, Environmental
Protection Agency, Air and Radiation,
USEPA, Ann Arbor, MI 48105
Phone: 734 214-4408
Email:
passavant.glenn@epamail.epa.gov
RIN: 2060-AQ18
61
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Spring 2010 Semiannual Regulatory Agenda
EPA—Clean Air Act
Final Rule Stage
680. • IMPLEMENTATION OF THE
NEW SOURCE REVIEW PROGRAM
FOR PARTICULATE MATTER (PM)
LESS THAN 2.5 MICROMETERS
ENDING OF NSR TRANSITION PERIOD
FOR CONDENSABLE PM
Priority: Substantive, Nonsignificant
Legal Authority: Clean Air Act, 42 USC
7401 et seq
CFR Citation: 40 CFR 51 app M
Legal Deadline: None
Abstract: EPA is revising its major New
Source Review (NSR) regulations to
replace the originally announced date
for ending the NSR transition period
for condensable particulate matter
(CPM) with an earlier closing date. The
final action under this requested new
action will respond to comments and
announce that we are revising the NSR
rules to enact a new date to shorten
the NSR transition period. Our intent
is to issue a separate Federal Register
notice to announce this final rule apart
from the final rule for test methods, but
in the same Federal Register. In its May
16, 2008, final rule for PM2.5 NSR
implementation, EPA announced the
commencement of a transition period
for purposes of NSR ("NSR transition
period") permitting during which time
we would not require the condensable
fraction for particulate matter to be
considered for applicability or
compliance purposes under the major
NSR program. The NSR transition
period was scheduled to remain in
effect from July 15, 2008, until January
1, 2011, or an earlier date depending
on EPA's final action to revise the test
methods for measuring stack
concentrations of CPM.
Timetable:
Action
NPRM
NPRM Comment
Period End
Final Action
Date FR Cite
03/25/09 74 FR 12969
05/26/09
05/00/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No.
5147.1; EPA publication information:
NPRM-
http://www.regulations.gov/search
/Regs/home. htmlidocumentDetail?
R=090000648092dcb5; Split from RIN
2060-AO58; EPA Docket information:
EPA-HQ-QAR-2008-0348.
URL For More Information:
Agency Contact: Dan Deroeck,
Environmental Protection Agency, Air
and Radiation, C504-03, RTF, NC
27711
Phone: 919 541-5593
Fax: 919 685-3009
Email: deroeck.dan@epamail.epa.gov
Raj Rao, Environmental Protection
Agency, Air and Radiation, C504-03,
RTF, NC 27711
Phone: 919 541-5344
Fax: 919 541-5509
Email: rao.raj@epamail.epa.gov
RIN: 2060-AQ21
Environmental Protection Agency (EPA)
Clean Air Act
Long-Term Actions
681. • STANDARDS OF
PERFORMANCE FOR NEW
STATIONARY SOURCES AND
EMISSIONS GUIDELINES FOR
EXISTING SOURCES:
HOSPITAL/MEDICAL/INFECTIOUS
WASTE INCINERATORS;
AMENDMENTS
Priority: Substantive, Nonsignificant
Unfunded Mandates: Undetermined
Legal Authority: Not Yet Determined
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: On October 6, 2009, EPA
promulgated its response to the remand
of the new source performance
standards and emissions guidelines for
hospital/medical/infectious waste
incinerators by the U.S. Court of
Appeals for the District of Columbia
Circuit and satisfied the Clean Air Act
section 129(a)(5) requirement to
conduct a review of the standards every
5 years. This action proposes to amend
the new source performance standards
emissions limits for nitrogen oxides
(NOX) and sulfur dioxide (SO2)
promulgated for large
hospital/medical/infectious waste
incinerators in order to correct
inadvertent drafting errors we made
setting forth those limits, which did not
correspond to our description of our
standard-setting process.
Timetable:
Action
Date
FR Cite
NPRM To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State
Additional Information: SAN No. 5436.
Agency Contact: Ketan Patel,
Environmental Protection Agency, Air
and Radiation, E143-03, RTF, NC
27711
Phone: 919 541-9736
Fax: 919 541-3470
Email: patel.ketan@epamail.epa.gov
Amy Hambrick, Environmental
Protection Agency, Air and Radiation,
E143-03, RTF, NC 27711
Phone: 919 541-0964
Fax: 919 541-3470
Email: hambrick.amy@epamail.epa.gov
RIN: 2060-AQ24
682. REVIEW OF THE SECONDARY
NATIONAL AMBIENT AIR QUALITY
STANDARDS FOR OXIDES OF
NITROGEN AND OXIDES OF SULFUR
Priority: Economically Significant.
Major under 5 USC 801.
Legal Authority: 42 USC 7408; 42 USC
7409
CFR Citation: 40 CFR 50
Legal Deadline: NPRM, Judicial, July
12, 2011.
Final, Judicial, March 20, 2012, The
court has approved the amendments to
the consent decree incorporating the
revised dates.
Abstract: Under the Clean Air Act,
EPA is required to review and, if
appropriate, revise the air quality
criteria for the primary (health-based)
and secondary (welfare-based) national
ambient air quality standards (NAAQS)
every 5 years. On October 11, 1995,
EPA published a final rule not to revise
either the primary or secondary
62
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Spring 2010 Semiannual Regulatory Agenda
EPA—Clean Air Act
Long-Term Actions
NAAQS for nitrogen dioxide (NO2). On
May 22, 1996, EPA published a final
decision that revisions of the primary
and secondary NAAQS for sulfur
dioxide (SO2) were not appropriate at
that time, aside from several minor
technical changes. On December 9,
2005, EPA's Office of Research and
Development (ORD) initiated the
current periodic review of NO2 air
quality criteria with a call for
information in the Federal Register
(FR). On May 3, 2006, ORD initiated
the current periodic review of SO2 air
quality criteria with a call for
information in the FR. Subsequently,
the decision was made to review the
oxides of nitrogen and the oxides of
sulfur together, rather than
individually, with respect to a
secondary welfare standard for NO2
and SO2. This decision derives from
the fact that NO2, SO2, and their
associated transformation products are
linked from an atmospheric chemistry
perspective, as well as from an
environmental effects perspective, most
notably in the case of secondary aerosol
formation and acidification in
ecosystems. This review includes the
preparation of an Integrated Science
Assessment, Risk/Exposure Assessment,
and a Policy Assessment Document by
EPA, with opportunities for review by
EPA's Clean Air Scientific Advisory
Committee and the public. These
documents inform the Administrator's
proposed decision as to whether to
retain or revise the standards. It should
be noted that this review will be
limited to only the secondary
standards; the primary standards for
SO2 and NO2 are being reviewed
separately, as described elsewhere in
this Regulatory Plan under the
identifying numbers RIN-2060-AO48
and RIN-2060-AO19, respectively.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
07/00/11
03/00/12
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No. 5170;
EPA Docket information: EPA-HQ-OAR-
2007-1145.
Agency Contact: Bryan Hubbell,
Environmental Protection Agency, Air
and Radiation, C504-02, Research
Triangle Park, NC 27711
Phone: 919 541-0621
Fax: 919 541-0804
Email: hubbell.bryan@epa.gov
Ginger Tennant, Environmental
Protection Agency, Air and Radiation,
C504-06, Research Triangle Park, NC
27711
Phone: 919 541-1072
Fax: 919 541-0237
Email: tennant.ginger@epa.gov
RIN: 2060-AO72
683. REVIEW OF THE NATIONAL
AMBIENT AIR QUALITY STANDARDS
FOR OZONE
Priority: Economically Significant.
Major under 5 USC 801.
Legal Authority: 42 USC 7408; 42 USC
7409
CFR Citation: 40 CFR 50
Legal Deadline: None
Abstract: Under the Clean Air Act,
EPA is required to review and, if
appropriate, revise the air quality
criteria for the primary (health-based)
and secondary (welfare-based) national
ambient air quality standards (NAAQS)
every 5 years. On March 23, 2008, the
EPA published a final rule to revise the
primary and secondary NAAQS for
ozone to provide increased protection
of public health and welfare. With
regard to the primary standard for
ozone, EPA revised the level of the 8-
hour ozone standard to 0.075 ppm.
With regard to the secondary ozone
standard, EPA made it identical in all
respects to the primary ozone standard,
as revised. EPA initiated the current
review in October 2008 with a
workshop to discuss key policy-
relevant issues around which EPA
would structure the review. This
review includes the preparation of an
Integrated Science Assessment,
Risk/Exposure Assessment, and a
Policy Assessment Document by EPA,
with opportunities for review by EPA's
Clean Air Scientific Advisory
Committee and the public. These
documents inform the Administrator's
proposed decision as to whether to
retain or revise the standards.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
05/00/13
03/00/14
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No. 5306;
EPA Docket information: EPA-HQ-OAR-
2008-0699.
URL For More Information:
wf\vwr.epa.gov/air/ozone
Agency Contact: Dave Mckee,
Environmental Protection Agency, Air
and Radiation, C504-06, Research
Triangle Park, NC 27711
Phone: 919 541-5288
Fax: 919 541-0237
Email: mckee.dave@epamail.epa.gov
Karen Martin, Environmental Protection
Agency, Air and Radiation, C5 04-06,
Research Triangle Park, NC 27711
Phone: 919 541-5274
Fax: 919 541-0237
Email: martin.karen@epamail.epa.gov
RIN: 2060-AP38
684. FEDERAL PLAN REQUIREMENTS
FOR OTHER SOLID WASTE
INCINERATION UNITS CONSTRUCTED
ON OR BEFORE DECEMBER 9, 2004
Priority: Substantive, Nonsignificant
Legal Authority: CAA sec 129; CAA sec
lll(d)
CFR Citation: 40 CFR 62 (New)
Legal Deadline: None
Abstract: In this OSWI Federal plan
rulemaking, EPA becomes an
implementing authority in those
instances where the State or local
agency has failed to submit a plan or
a plan has not yet been approved.
Therefore, consistent with section
129(b)(3) of the Act, this rulemaking
would impose a Federal plan that
applies to OSWI in any State, tribe, or
locale that has not submitted an
approvable plan within the time
allotted. This action makes no changes
to the requirements in the December
2005 rule, and is intended to fulfill
EPA's duty under section 129(b)(3) to
promulgate a Federal plan as a gap-
filling measure until the State fulfills
its statutory obligations. When the State
submits an approvable State Plan, the
Federal plan will no longer apply to
units in that State.
63
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Spring 2010 Semiannual Regulatory Agenda
EPA—Clean Air Act
Long-Term Actions
Timetable:
Action
Date FR Cite
NPRM
NPRM Comment
Period End
Final Action
12/18/06 71 FR75816
02/16/07
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No. 5011;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/ EPA-
WASTE/2006/December/ Day-
18/f21285.htm; Legal Deadline
continued: Federal Plan must be
promulgated 2 years after the final
publication of the Emission Guidelines
rule (December 16, 2005, 70 FR 74869,
http://www.epa.gov/fedrgstr/ EPA-AIR/
2005/December/ Day-16/a23716.htm);
EPA Docket information: EPA-HQ-OAR-
2006-0364.
Agency Contact: Martha Smith,
Environmental Protection Agency, Air
and Radiation, E143-03, Research
Triangle Park, NC 27709
Phone: 919 541-2421
Email: smith.martha@epa.gov
Ketan Patel, Environmental Protection
Agency, Air and Radiation, E143-03,
RTF, NC 27711
Phone: 919 541-9736
Fax: 919 541-3470
Email: patel.ketan@epamail.epa.gov
RIN: 2060-AN43
685. NESHAP: GENERAL
PROVISIONS; AMENDMENTS FOR
POLLUTION PREVENTION
ALTERNATIVE COMPLIANCE
REQUIREMENTS
Priority: Other Significant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63.2; 40 CFR
63.17; 40 CFR 63.18
Legal Deadline: None
Abstract: These amendments to the
Part 63 General Provisions would allow
facilities that are subject to maximum
achievable control technology (MACT)
to discontinue those requirements if,
through pollution prevention measures,
they achieve and can demonstrate
continued hazardous air pollutant
(HAP) emission reductions equivalent
to or better than the MACT level of
control. The amendments would also
allow a source to avoid MACT by
completely eliminating HAP emissions.
Timetable:
Action
Date FR Cite
NPRM
NPRM Comment
Period End
Final Action
05/15/03 68 FR 26249
07/14/03
11/00/11
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No. 4719;
EPA publication information: NPRM -
http://www.epa.gov/ fedrgstr/ EPA-
AIR/2003/May/ Day-15/al2180.htm;
EPA Docket information: EPA-HQ-OAR-
2002-0044.
Agency Contact: Rick Colyer,
Environmental Protection Agency, Air
and Radiation, D205-02, RTF, NC
27711
Phone: 919 541-5262
Email: colyer.rick@epa.gov
Lisa Conner, Environmental Protection
Agency, Air and Radiation, D205-02,
RTF, NC 27711
Phone: 919 541-5060
Fax: 919 541-5600
Email: conner.lisa@epamail.epa.gov
RIN: 2060-AK54
686. NATIONAL EMISSION
STANDARDS FOR HAZARDOUS AIR
POLLUTANTS FOR STATIONARY
COMBUSTION TURBINES—PETITION
TO DELIST
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
Unfunded Mandates: Undetermined
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: In August 2002, the Agency
received a petition to remove certain
types of stationary gas-fired combustion
turbines from the list of hazardous air
pollutant sources under section 112(c)
of the Clean Air Act. After requesting
additional data from the petitioner
regarding their petition and reviewing
the additional data, the Agency
proposed a partial granting of the
petition by proposing to delist four
subcategories of stationary gas-fired
turbines in April 2004. Simultaneously,
the Agency proposed a stay of the
effectiveness of the combustion turbine
maximum achievable control
technology (MACT) for new sources in
those subcategories of turbines,
delaying the imposition of control
requirements for the proposed delisted
new turbines until a final action is
taken regarding the delisting. The
Agency is waiting until the completion
of the final Integrated Risk Information
System (IRIS) assessment for
formaldehyde before taking final action
on the petition. The final IRIS action
on formaldehyde is expected to occur
in fall 2011.
Timetable:
Action
Date FR Cite
NPRM—Delisting
NPRM-STAY
NPRM—STAY
Comment Period
End
NPRM—Delisting
Comment Period
End
Final Action—STAY
Final Action
04/07/0469 FR 18327
04/07/04 69 FR 18338
05/24/04
06/07/04
08/18/04 69 FR 51184
11/00/12
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: Local,
State
Federalism: Undetermined
Additional Information: SAN No. 4751;
EPA publication information: NPRM-
STAY - http://www.epa.gov/fedrgstr/
EPA-AIR/2 004/April/ Day-
07/a7775.htm; EPA Docket information:
EPA-HQ-OAR-2003-0196.
Sectors Affected: 3336 Engine,
Turbine, and Power Transmission
Equipment Manufacturing; 221112
Fossil Fuel Electric Power Generation
Agency Contact: Melanie King,
Environmental Protection Agency, Air
and Radiation, D243-01, RTF, NC
27711
Phone: 919 541-2469
Email: king.melanie@epamail.epa.gov
Robert Wayland, Environmental
Protection Agency, Air and Radiation,
D243-01, RTF, NC 27711
Phone: 919 541-1045
Fax: 919 541-5450
Email:
wayland.robertj@epamail.epa.gov
RIN: 2060-AK73
64
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Spring 2010 Semiannual Regulatory Agenda
EPA—Clean Air Act
Long-Term Actions
687. PETITION TO DELIST
HAZARDOUS AIR POLLUTANT:
4,4'-METHYLENE DIPHENYL
DIISOCYANATE
Priority: Other Significant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: The Clean Air Act requires
EPA to regulate 187 compounds that
are listed as air toxics, also known as
hazardous air pollutants. Air toxics are
those pollutants known, or suspected,
to cause cancer and other adverse
human health problems. The law
requires EPA to consider petitions to
modify the list, by adding or removing
substances. Individuals seeking to
remove a substance must demonstrate
that there are adequate data to support
their petition. The Agency received a
petition to remove 4,4'-Methylene
Diphenyl Diisocyanate (MDI) from the
American Chemistry Council on
December 26, 2002. Once EPA receives
a petition, it conducts two reviews: a
completeness review, to determine
whether there is sufficient information
on which to base a decision; and a
technical review, to evaluate the merits
of the petition. This petition was
deemed complete in March 2006. There
appears to be no question about the
toxicity of MDI; rather the industry
argues that there are little or no
exposures due to the extremely low
vapor pressure of MDI.
Timetable:
Action
Date FR Cite
05/26/05 70 FR 30407
To Be Determined
Notice of Complete
Petition
Proposed Response
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected:
Undetermined
Additional Information: SAN No. 4782;
EPA publication information: Notice of
Complete Petition -
http://www.epa.gov/fedrgstr/ EPA-
AIR/2005/May/Day-26/al0579.htm;
EPA Docket information: EPA-HQ-OAR-
2005-0085.
Agency Contact: KG Hustvedt,
Environmental Protection Agency, Air
and Radiation, E143-01, Research
Triangle Park, NC 27711
Phone: 919 541-5395
Email: hustvedt.ken@epa.gov
Scott Jenkins, Environmental Protection
Agency, Air and Radiation, C445-01,
RTF, NC 27711
Phone: 919 541-1167
Email: jenkins.scott@epa.gov
RIN: 2060-AK84
688. PETITION TO DELIST A
HAZARDOUS AIR POLLUTANT FROM
SECTION 112 OF THE CLEAN AIR
ACT: METHYL ISOBUTYL KETONE
(MIBK)
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: The Ketones Panel of the
American Chemistry Council (ACC) has
petitioned the Agency to remove
methyl isobutyl ketone (MIBK) from the
Clean Air Act (CAA) hazardous air
pollutant (HAP) list. The ACC
originally submitted the petition in
April of 1997. EPA suspended review
of the petition pending the completion
of 2-generation reproductive effects
study. That study is now complete. On
October 17, 2003, the ACC submitted
an addendum to the 1997 petition
which includes: the results of the 2-
generation reproductive effects study, a
presentation of the updated EPA IRIS
file for MIBK, updated air dispersion
modeling, and an analysis of potential
transformation products. Based on this
new submission, the ACC requested
that EPA reopen its review of the MIBK
petition. EPA did reopen its review of
the petition. However, since the last
submittal by the petitioner, a 2-year
MIBK bio-assay by the National
Toxicology Program (NTP) has been
completed. A draft report of this study
was reviewed by the NTP Board of
Scientific Counselors Technical Reports
Review Subcommittee, which accepted
unanimously the conclusions in the
report that there is some evidence of
carcinogenic activity of MIBK. EPA has
notified the petitioner that further
review of the petition will require that
the petitioner submit information
regarding the relevance of the NTP
study and a risk characterization for the
human risk of cancer from MIBK
exposures, which would include the
derivation of a cancer unit risk
estimate.
Timetable:
Action
Date FR Cite
07/19/04 69 FR 42954
To Be Determined
Notice
Proposed Response
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4849;
EPA publication information: Notice -
http ://a2 5 7 ,g. akamai tech.net/7/
257/2422/06jun20041800/
edocket.access.gpo.gov/2004/04-
16335.htm.
Agency Contact: Ken Hustvedt,
Environmental Protection Agency, Air
and Radiation, E143-01, RTF, NC
27711
Phone: 919 541-5395
Fax: 919 685-3200
Email: hustvedt.ken@epamail.epa.gov
RIN: 2060-AM20
689. NATIONAL VOC EMISSION
STANDARDS FOR CONSUMER
PRODUCTS; AMENDMENTS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 75llb
CFR Citation: 40 CFR 59
Legal Deadline: None
Abstract: This action consists of
amendments to the consumer products
Part 59 VOC rule under Clean Air Act
Section 183(e). The amendments are
being undertaken to address Clean Air
Act Advisory Committee
recommendation AQM2.3, which called
for aligning the CP rule with the model
rule adopted by the Ozone Transport
Commission.
Timetable:
Action
NPRM
Final Action
Date
06/00/1 1
09/00/1 1
FR Cite
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No. 4309.
Sectors Affected: 32599 All Other
Chemical Product Manufacturing
Agency Contact: Bruce Moore,
Environmental Protection Agency, Air
and Radiation, E143-01, RTF, NC
27711
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Long-Term Actions
Phone: 919 541-5460
Fax: 919 541-0246
Email: moore.bruce@epamail.epa.gov
Robin Dunkins, Environmental
Protection Agency, Air and Radiation,
E143-03, RTF, NC 27711
Phone: 919 541-5335
Fax: 919 541-3470
Email: dunkins.robin@epamail.epa.gov
RIN: 2060-AI62
690. MODIFICATION OF THE
ANTI-DUMPING BASELINE DATE
CUT-OFF LIMIT FOR DATA USED IN
DEVELOPMENT OF AN INDIVIDUAL
BASELINE
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7414; 42 USC
7521(1); 42 USC 7545; 42 USC 760l(a)
CFR Citation: 40 CFR 80.91(b)(l)(i); 40
CFR 80.93(a)
Legal Deadline: None
Abstract: "Dumping" refers to the
practice whereby refiners making clean
fuels for certain markets (such as
reformulated gasoline for clean-air
purposes) take the pollutants removed
from the clean fuels and "dump" them
into other fuels they are producing for
other markets. This, if allowed, would
make those other fuels even dirtier than
before, and so the Clean Air Act
prohibits this practice. EPA has existing
"anti-dumping" rules on the books that
codify this Clean Air Act prohibition.
This regulation is a minor technical
amendment to those existing
regulations.
Timetable:
Action
Date
FR Cite
Direct Final Action 08/00/11
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4604.
Agency Contact: Christine Brunner,
Environmental Protection Agency, Air
and Radiation, AAHEBTC, Ann Arbor,
MI 48346
Phone: 734 214-4287
Email:
brunner. christine@ep amail. ep a.gov
Patrice Simms, Environmental
Protection Agency, Air and Radiation,
1200 Pennsylvania Avenue NW.,
Washington, DC 20460
Phone: 202 564-5593
Email: simms.patrice@epamail.epa.gov
RIN:2060-AJ82
691. PROTECTION OF
STRATOSPHERIC OZONE: PROCESS
FOR EXEMPTING EMERGENCY USES
OF METHYL BROMIDE
Priority: Other Significant
Legal Authority: 42 USC 7671 to 767lq
CFR Citation: 40 CFR 82
Legal Deadline: None
Abstract: Under the Clean Air Act and
the Montreal Protocol on Substances
that Deplete the Ozone Layer, this rule
would seek to create an exemption for
emergency uses of methyl bromide, an
ozone-depleting substance. This
exemption will be limited to no more
than 20 metric tons per emergency
event. This rule would define what
qualifies as an emergency use.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
To Be Determined
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
International Impacts: This regulatory
action will be likely to have
international trade and investment
effects, or otherwise be of international
interest.
Additional Information: SAN No. 4819.
URL For More Information:
www.epa.gov\ozone\mbr
Agency Contact: Ross Brennan,
Environmental Protection Agency, Air
and Radiation, 6205J, Washington, DC
20460
Phone: 202 343-9226
Email: brennan.ross@epamail.epa.gov
RIN: 2060-AL94
692. PROTECTION OF
STRATOSPHERIC OZONE:
CERTIFICATION OF RECOVERY AND
RECOVERY/RECYCLING EQUIPMENT
INTENDED FOR USE WITH
SUBSTITUTE REFRIGERANTS
Priority: Other Significant
Legal Authority: 42 USC 7414; 42 USC
7601; 42 USC 7671 to 7671q
CFR Citation: 40 CFR 82
Legal Deadline: None
Abstract: Using authority under section
608 of the Clean Air Act, EPA has
established a certification program for
refrigerant recovery and recycling
equipment. Recovery equipment is
specific to the refrigerant and as
alternative refrigerants enter the market,
new equipment to capture those
refrigerants also enter the market. This
action would amend the existing
provisions to reflect that new
equipment.
Timetable:
Action
Date
FR Cite
NPRM To Be Determined
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: None
Additional Information: SAN No. 4916.
URL For More Information:
www.epa.gov/ozone/title6/608
Agency Contact: Sally Hamlin,
Environmental Protection Agency, Air
and Radiation, 6205J, Washington, DC
20460
Phone: 202 343-9711
Fax: 202 565-2155
Email: hamlin.sally@epamail.epa.gov
RIN: 2060-AM49
693. PROTECTION OF
STRATOSPHERIC OZONE:
MODIFICATIONS TO THE TECHNICIAN
CERTIFICATION REQUIREMENTS
UNDER SECTION 608 OF THE CLEAN
AIR ACT
Priority: Other Significant
Legal Authority: 42 USC 7414; 42 USC
7601; 42 USC 7671 to 7671q
CFR Citation: 40 CFR 82
Legal Deadline: None
Abstract: This rule would amend
appendix D to subpart F of 40 CFR part
82—Standards for Becoming a
Certifying Program for Technicians. The
Refrigerant Recycling Regulations
governing standards for certifying
programs for technicians were
promulgated under section 608 of the
Clean Air Act Amendments of 1990 in
1994. This rule would update parts of
the regulations concerning the
technician certification examination.
The examination needs to reflect
developments in new refrigerants,
equipment, and technology over the
last 12 years. This rule would provide
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EPA—Clean Air Act
Long-Term Actions
specific requirements for programs
applying to become certifying
organizations, would specify reporting
and recordkeeping requirements in
order to enhance implementation of the
program, and would define other
administrative components of the
program to improve accountability.
Timetable:
Timetable:
Action
Date
FR Cite
NPRM
To Be Determined
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: None
Additional Information: SAN No. 4901.
URL For More Information:
www.epa.gov/ozone/title6/608/
index.html
Agency Contact: Monica Shimamura,
Environmental Protection Agency, Air
and Radiation, 6205J, Washington, DC
20005
Phone: 202 343-9337
Fax: 202 343-2342
Email:
shimamura.monica@epamail.epa.gov
Julius Banks, Environmental Protection
Agency, Air and Radiation, 6205J,
Washington, DC 20460
Phone: 202 343-9870
Fax: 202 565-2155
Email: banks.julius@epamail.epa.gov
RIN: 2060-AM55
694. PROTECTION OF
STRATOSPHERIC OZONE: LABELING
OF PRODUCTS USING HCFCS
Priority: Other Significant
Legal Authority: 42 USC 7601; 42 USC
7671]
CFR Citation: 40 CFR 82
Legal Deadline: None
Abstract: In accordance with Section
611 of the Clean Air Act, this action
would require a warning statement on
containers or products made with or
containing a Class II ozone depleting
substance (ODS). EPA promulgated a
similar rule in 1993 for containers or
products made with or containing Class
I ODS. Such rules may help consumers
and others make more informed choices
about using products which damage the
stratospheric ozone layer, resulting in
increased skin damage and cancers.
Action
Date FR Cite
NPRM
To Be Determined
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: Federal
International Impacts: This regulatory
action will be likely to have
international trade and investment
effects, or otherwise be of international
interest.
Additional Information: SAN No. 5151.
URL For More Information:
www.epa.gov/ozone/title6/labeling/
index.html
Agency Contact: Monica Shimamura,
Environmental Protection Agency, Air
and Radiation, 6205J, Washington, DC
20005
Phone: 202 343-9337
Fax: 202 343-2342
Email:
shimamura.monica@epamail.epa.gov
Bella Maranion, Environmental
Protection Agency, Air and Radiation,
6205J, Washington, DC 20460
Phone: 202 343-9749
Email: maranion.bella@epamail.epa.gov
RIN: 2060-AO68
695. ACCIDENTAL RELEASE
PREVENTION REQUIREMENTS: RISK
MANAGEMENT PROGRAMS UNDER
THE CLEAN AIR ACT; AVAILABILITY
OF INFORMATION TO THE PUBLIC;
TECHNICAL AMENDMENT
Priority: Info./Admin./Other
Legal Authority: 42 USC 7412(r)
CFR Citation: 40 CFR 68.210
Legal Deadline: None
Abstract: Section 112(r)(7) of the Clean
Air Act (CAA) and its implementing
regulations at 40 CFR part 68 require
certain stationary sources to report an
Off-site Consequence Analysis (OCA),
including a worst-case release scenario,
in a Risk Management Plan (RMP) that
is to be made available to the public.
In response to concerns that posting
OCA information on the Internet might
increase the risk of terrorist and other
criminal activities, on August 5, 1999,
the Chemical Safety Information, Site
Security and Fuels Regulatory Relief
Act (CSISSFRRA) was enacted. The Act
requires the President to promulgate
regulations governing the distribution
of the OCA sections of RMPs that, in
the opinion of the President, would
minimize the likelihood of accidental
releases and the risk of terrorist and
other criminal activities associated with
posting this information. The President
delegated his rulemaking authority to
the Attorney General and the
Administrator of EPA, who jointly
promulgated the required regulations at
40 CFR part 1400. The part 1400
regulations restrict the public's access
to the OCA sections of RMPs in certain
ways. As currently drafted, however,
section 68.210(a) of part 68 states that
RMPs are available to the public under
CAA section 114, which makes
information collected under the CAA,
including RMPs in their entirety,
available to the public, except for
confidential business information. EPA
is therefore revising 40 CFR section
68.210(a) to reflect the August 2000
rulemaking. The revision will state that
OCA data is made available to the
public under the provisions of 40 CFR
part 1400. This revision is not meant
to regulate any new entities.
Timetable:
Action
Date FR Cite
Final Action
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4607.
Agency Contact: Sicy Jacob,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5104A, Washington, DC 20460
Phone: 202 564-8019
Fax: 202 564-2625
Email: jacob.sicy@epa.gov
RIN: 2050-AE95
696. NSPS: SOCMI—WASTEWATER
AND AMENDMENTS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7411
CFR Citation: 40 CFR 60 app J to part
60; 40 CFR 63 app C to part 63
Legal Deadline: None
Abstract: These standards are based on
a combination of control techniques
that require removal or destruction of
volatile organic compounds from
wastewater at synthetic organic
chemical manufacturing industry
plants. Designated chemical process
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Spring 2010 Semiannual Regulatory Agenda
EPA—Clean Air Act
Long-Term Actions
units, i.e., process lines or process
units, would be subject to the rule.
Constructed, reconstructed, or modified
designated chemical process units
would be required to apply appropriate
controls to affected wastewater tanks,
surface impoundments, containers,
individual drain systems, and oil and
water separators, and to treat process
wastewater to remove or destroy the
volatile organic compounds. On
September 12, 1994, EPA proposed
Standards of Performance for New
Stationary Sources: Volatile Organic
Compound Emissions from the
Synthetic Organic Chemical
Manufacturing Industry (SOCMI)
Wastewater (40 CFR part 60, subpart
YYY). On October 11, 1995, the EPA
issued a supplemental proposal, which
clarified and revised the previously
proposed rule. On December 9, 1998,
EPA published a supplement to the
proposed rule that consisted of revised
definitions, alternative test procedures,
and clarifications of requirements, and
that proposed to add appendix J to 40
CFR part 60. In conjunction with the
rule development for the NSPS,
amendments to appendix C to part 63
were proposed on June 30, 2004. The
final rule will encompass the
clarifications and revisions to subpart
YYY, appendix J, and 40 CFR part 63
appendix C.
Timetable:
Action
Date FR Cite
NPRM (NSPS)
Supplemental NPRM
1
Supplemental NPRM
1 Comment Period
End
Supplemental NPRM
2
Supplemental NPRM
2 Comment Period
End
NPRM Amendment
NPRM Amendment
Comment Period
End
Supplemental NPRM
Final Action
09/12/94 59 FR 46780
10/11/95 60 FR 52889
11/13/95
12/09/98 63 FR 67988
02/08/99
06/30/04 69 FR 39383
08/30/04
08/00/14
10/00/15
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 3380;
EPA publication information:
Supplemental NPRM 2 -
http://www.epa.gov/fedrgstr/ EPA-
AIR/1998/December/Day-
09/a28472a.htm; EPA Docket
information: EPA-HQ-OAR-2003-0191.
Sectors Affected: 3251 Basic Chemical
Manufacturing
Agency Contact: Mary Kissell,
Environmental Protection Agency, Air
and Radiation, E143-01, RTF, NC
27711
Phone: 919 541-1516
Fax: 919 685-3219
Email: kissell.mary@epa.gov
Kent Hustvedt, Environmental
Protection Agency, Air and Radiation,
E143-01, RTF, NC 27711
Phone: 919 541-5395
Fax: 919 685-3200
Email: hustvedt.ken@epa.gov
RIN: 2060-AE94
697. INSPECTION/MAINTENANCE
PROGRAM REQUIREMENTS FOR
FEDERAL FACILITIES; AMENDMENT
Priority: Other Significant
Legal Authority: 23 USC 101; 42 USC
7401 et seq
CFR Citation: 40 CFR 51 (Revision); 40
CFR 93 (New)
Legal Deadline: None
Abstract: EPA has had oversight and
policy development authority for
Inspection and Maintenance (I/M)
programs since the passage of the Clean
Air Act (CAA) in 1970. The 1977
amendments to the CAA mandated I/M
for certain areas with long-term air
quality problems and the 1990
amendments set forth standards for
implementation of I/M programs. EPA
used the statutory requirements of the
Act, including I/M requirements for
Federal facilities, to promulgate
regulations which States would use in
the development of their I/M State
Implementation Plans (SIPs). The
Department of Justice has now ruled
that Federal sovereign immunity was
not fully waived under the CAA for
those requirements and EPA should
amend its rule to remove the
requirement that States include those
elements in their SIPs. EPA is
proposing to: (1) Amend the Federal
facilities I/M requirements by removing
that section; (2) correct existing I/M SIP
approval actions which include these
elements; (3) establish new Federal
facilities I/M program requirements
which Federal facilities in I/M program
areas must meet in order to comply
with the Act; and (4) designate for each
State which section of the Act Federal
agencies must comply with based on
how that State promulgated its I/M
regulations. These changes will have
minimal to no impact on the States as
no new requirements are being created.
The States are under no obligation,
legal or otherwise, to modify existing
SIPs meeting the previously applicable
requirements as a result of this action,
nor will emissions reduction credit be
affected. However, the changes will
clarify for affected Federal facilities
what they must do to meet the CAA
requirements by establishing new
regulations per those requirements.
Timetable:
Action
Date
FR Cite
Direct Final Action 11/00/11
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN No. 4348.
Agency Contact: Kathryn Sargeant,
Environmental Protection Agency, Air
and Radiation, 6406, Ann Arbor, MI
48105
Phone: 734 214-4441
Fax: 734 214-4052
Email:
sargeant.kathryn@epamail.epa.gov
Sara Schneeberg, Environmental
Protection Agency, Air and Radiation,
2344A, Washington, DC 20460
Phone: 202 564-5592
Email:
schneeberg.sara@epamail.epa.gov
RIN: 2060-AI97
698. PERFORMANCE
SPECIFICATIONS FOR CONTINUOUS
PARAMETER MONITORING SYSTEMS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 74l2(b)(5) et
seq
CFR Citation: 40 CFR 63 subpart SS;
40 CFR 63.8; 40 CFR 60 app B; 40 CFR
60 app F
Legal Deadline: None
Abstract: Compliance with many air
rules is determined through use of
process parameter values, instead of
direct measurements of the pollutants
of concern. No uniform set of
requirements that inform users of
parameter monitoring devices of the
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Spring 2010 Semiannual Regulatory Agenda
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Long-Term Actions
suitability of the devices for specific
tasks or the ability of the devices to
provide valid data to determine
compliance exist. This rule would
establish minimum acceptable
requirements, both for initial
installation and ongoing operation, for
five common classes of parameter
monitoring devices—temperature,
pressure, flow rate (liquid, gas, and
mass), pH, and conductivity. In
addition, this rule would revise
portions of other rules to ensure a
consistent approach for parameter
monitoring. Finally, unrelated to
parameter monitoring, the rule would
clarify ongoing quality assurance
requirements for direct measurement
devices that detect multiple pollutants.
The rule was proposed on October 9,
2008, and it can be found beginning
on page 59,956 of Volume 73 of the
Federal Register.
Several commenters questioned the
costs associated with the proposed rule
and at least one commenter asked for
a performance-based rule. The Agency
is considering the comments received
on the proposed rule and currently
intends to issue a supplemental
proposal to solicit additional public
input.
Timetable:
Action
Date FR Cite
10/09/08 73 FR 59956
12/03/08 73 FR 73629
NPRM
NPRM Comment
Period Extended
NPRM Comment 12/08/08
Period End
NPRM Comment 02/05/09
Period Extended To
Supplemental NPRM 12/00/11
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4584;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/ EPA-AIR/
2008/October/Day-09/a2 2674.htm;
Based on comments, we expect to begin
working on the reproposal next year;
EPA Docket information: EPA-HQ-OAR-
2006-0640.
Sectors Affected: 31-33 Manufacturing;
21 Mining; 486 Pipeline Transportation;
562213 Solid Waste Combustors and
Incinerators; 562212 Solid Waste
Landfill; 22 Utilities
Agency Contact: Barrett Parker,
Environmental Protection Agency, Air
and Radiation, D243-05, RTF, NC
27711
Phone: 919 541-5635
Fax: 919 541-1039
Email: p arker.barrett@ep amail. ep a. gov
Bob Schell, Environmental Protection
Agency, Air and Radiation, D243-05,
RTF, NC 27711
Phone: 919 541-1116
Fax: 919 541-3207
Email: schell.bob@epamail.epa.gov
RIN:2060-AJ86
699. ANTI-DUMPING BASELINE
RECALCULATION FOR
DOWNSTREAM OXYGENATE
ADDITION
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7414; 42 USC
7545; 42 USC 760l(a)
CFR Citation: 40 CFR 80.91
Legal Deadline: None
Abstract: This rule would allow a
refiner who added oxygenate after
sampling and just before shipment to
exclude that oxygenate from its anti-
dumping baseline determination. This
exclusion of oxygenate is already
allowed for a refinery's gasoline to
which oxygenate was added outside of
the refinery gate. This rule will have
limited application, and could provide
relief to small refiners.
Timetable:
Action
Date
FR Cite
Direct Final Action 09/00/11
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4706.
Agency Contact: Christine Brunner,
Environmental Protection Agency, Air
and Radiation, AAHEBTC, Ann Arbor,
MI 48346
Phone: 734 214-1287
Email:
brunner.christine@epamail.epa.gov
Patrice Simms, Environmental
Protection Agency, Air and Radiation,
1200 Pennsylvania Avenue NW.,
Washington, DC 20460
Phone: 202 564-5593
Email: simms.patrice@epamail.epa.gov
RIN: 2060-AK69
700. LIFTING THE STAY OF THE
8-HOUR PORTION OF THE FINDINGS
OF SIGNIFICANT CONTRIBUTION AND
RULEMAKING FOR PURPOSES OF
REDUCING INTERSTATE OZONE
TRANSPORT ("NOX SIP CALL")
Priority: Other Significant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 51.121
Legal Deadline: None
Abstract: In the Nitrogen Oxides State
Implementation Plan Call (NOx SIP
Call) (63 FR 57356, October 27, 1998),
EPA found that emissions of NOx from
22 States and the District of Columbia
(hereinafter referred to as "23 States")
significantly contribute to downwind
areas' nonattainment of the 1-hour
ozone NAAQS. EPA also separately
found that NOx emissions from the
same 23 States significantly contribute
to downwind nonattainment of the 8-
hour ozone NAAQS. Subsequently, the
U.S. Court of Appeals for the District
of Columbia Circuit (D.C. Circuit)
remanded the 8-hour ozone NAAQS.
[American Trucking Associations, Inc.
v. EPA, 175 F.3d 1027 on rehearing 195
F.3d 4 (D.C. Cir. 1999).] EPA stayed the
8-hour basis of the NOx SIP Call rule
on September 18, 2000 (65 FR 56245),
based on the uncertainty created by the
D.C. Circuit's decision. EPA has now
completed the actions necessary to
address the aforementioned remand,
and therefore is now conducting
rulemaking to lift the stay. EPA is
proposing to lift the stay of our findings
in the NOx SIP Call contained in 40
CFR sec 51.121(a)(2), related to the 8-
hour ozone NAAQS. This action does
not create any new requirements; it
merely reinstitutes a requirement of the
NOx SIP Call that had previously been
stayed.
Timetable:
Action
Date
FR Cite
NPRM To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected:
Undetermined
Additional Information: SAN No. 4797.
Agency Contact: Tim Smith,
Environmental Protection Agency, Air
and Radiation, C539-04, RTF, NC
27711
Phone: 919 541-4718
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Spring 2010 Semiannual Regulatory Agenda
EPA—Clean Air Act
Long-Term Actions
Fax: 919 541-5489
Email: smith.tim@epamail.epa.gov
Rhea Jones, Environmental Protection
Agency, Air and Radiation, C539-04,
RTF, NC 27709
Phone: 919 541-2940
Fax: 919 541-0824
Email: jones.rhea@epa.gov
RIN: 2060-AL84
701. NSPS FOR MUNICIPAL SOLID
WASTE LANDFILLS
Priority: Other Significant
Legal Authority: 42 USC 7401 to 7601
CFR Citation: 40 CFR 63.1960; 40 CFR
63.1975; 40 CFR 63.1980
Legal Deadline: None
Abstract: This amendment is being
issued to clarify what constitutes
treated landfill gas, clarify
responsibilities for compliance
activities when multiple parties are
involved in the ownership and
operation of a landfill and the gas
collection, control or treatment system,
address fugitive emissions, and address
emissions released prior to the current
triggers for landfill gas collection. This
action will also include a mandatory
review of the New Source Performance
Standards and the Maximum
Acheivable Control Technology.
Timetable:
Action
NPRM
NPRM Comment
Period End
Supplemental NPRM
Final Action
Date
09/08/06
11/07/06
To Be
To Be
FR Cite
71 FR 53272
Determined
Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Local,
Tribal
Additional Information: SAN No. 4846;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/ EPA-AIR/
2006/September/Day-08/a7493.htm;
NPRM was published 09/08/2006 (71
FR 53272) as RIN 2060-AJ41; EPA
Docket information: EPA-HQ-OAR-
2003-0215.
Agency Contact: Hillary Ward,
Environmental Protection Agency, Air
and Radiation, E143-01, Research
Triangle Park, NC 27711
Phone: 919 541-3154
Email: ward.hillary@epamail.epa.gov
Ken Hustvedt, Environmental
Protection Agency, Air and Radiation,
E143-01, RTF, NC 27711
Phone: 919 541-5395
Fax: 919 685-3200
Email: hustvedt.ken@epamail.epa.gov
Related RIN: Previously reported as
2060-AH13, Previously reported as
2060-AJ41
RIN: 2060-AMOS
702. NESHAP: GENERAL PROVISIONS
(ONCE IN ALWAYS IN)—
AMENDMENTS
Priority: Other Significant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63.1
Legal Deadline: None
Abstract: These amendments would
have addressed potential changes to
EPA's policy on when a major source
can become an area source, and thus
become not subject to national emission
standards for hazardous air pollutants
(NESHAP) for major sources. The
Agency is considering whether further
action on this proposal is appropriate.
Timetable:
Action
Date FR Cite
01/03/07 72FR69
03/05/07 72 FR 9718
03/05/07
NPRM
NPRM; Extension of
Comment Period
NPRM Comment
Period End
NPRM Comment 05/04/07
Period Extended To
Final Action To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No. 4908;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/ EPA-AIR/
2007/January/Day-03/a22283.htm; EPA
Docket information: EPA-HQ-OAQ-
2004-0094.
Agency Contact: Rick Colyer,
Environmental Protection Agency, Air
and Radiation, D205-02, RTF, NC
27711
Phone: 919 541-5262
Email: colyer.rick@epa.gov
Lisa Conner, Environmental Protection
Agency, Air and Radiation, D205-02,
RTF, NC 27711
Phone: 919 541-5060
Fax: 919 541-5600
Email: conner.lisa@epamail.epa.gov
RIN: 2060-AM75
703. NESHAP: TACONITE IRON ORE
PROCESSING; AMENDMENTS
Priority: Other Significant
Legal Authority: Clean Air Act sec 112
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: EPA promulgated National
Emission Standards for Hazardous Air
Pollutants (NESHAP) for Taconite Iron
Ore Processing on October 30, 2003 (68
FR 61867). The National Wildlife
Federation (NWF) filed a petition for
review, raising several technical issues,
including the alleged failure of EPA to
establish emission standards for
mercury and asbestos. EPA took a
voluntarily remand of the mercury and
asbestos standards. EPA is planning to
address both remands when this
NESHAP is due for the Risk and
Technology Review (RTR) in 2011.
Timetable:
Action
Date
FR Cite
NPRM To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN No. 4929.
Agency Contact: Conrad Chin,
Environmental Protection Agency, Air
and Radiation, D243-02, RTF, NC
27711
Phone: 919 541-1512
Email: chin.conrad@epamail.epa.gov
Steve Fruh, Environmental Protection
Agency, Air and Radiation, D243-02,
Research Triangle Park, NC 27711
Phone: 919 541-2837
Fax: 919 541-4991
Email: fruh.steve@epamail.epa.gov
RIN: 2060-AM87
704. NESHAP: SITE REMEDIATION
AMENDMENTS—RESPONSE TO
LITIGATION
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63 subpart
GGGGG
70
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Spring 2010 Semiannual Regulatory Agenda
EPA—Clean Air Act
Long-Term Actions
Legal Deadline: None
Abstract: The Site Remediation
NESHAP regulation was promulgated
on October 8, 2003. EPA was
challenged by the Sierra Club on
several provisions in the rule. The main
issues involve exemptions to the rule's
requirements for cleanups performed
under Resource Conservation and
Recovery Act (RCRA) or Superfund
authorities, and an exemption for units
handling radioactive mixed waste.
Timetable:
with representatives from industry,
environmental groups, and state and
local agencies.
Timetable:
Action
Date FR Cite
NPRM
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No.
4866.1; Split from RIN 2060-AM30;
EPA Docket information: EPA-HQ-OAR-
2002-0021.
Agency Contact: Greg Nizich,
Environmental Protection Agency, Air
and Radiation, E143-01, RTF, NC
27711
Phone: 919 541-3078
Email: nizich.greg@epa.gov
Kent Hustvedt, Environmental
Protection Agency, Air and Radiation,
E143-01, RTF, NC 27711
Phone: 919 541-5395
Fax: 919 685-3200
Email: hustvedt.ken@epa.gov
RIN: 2060-AN36
705. IMPROVING IMPLEMENTATION
OF THE OPERATING PERMIT RULES
IN RESPONSE TO CAAA COMMITTEE
RECOMMENDATIONS
Priority: Other Significant
Legal Authority: Clean Air Act
CFR Citation: 40 CFR 70; 40 CFR 71
Legal Deadline: None
Abstract: This action addresses
potential improvements to the
regulations implementing the Clean Air
Act's title V operating permits program.
Under the title V program, each facility
that is a major source of specified air
pollutants is required to obtain a permit
that describes allowable emissions and
other conditions. The improvements to
the program were recommended to EPA
by a 18-member Task Force formed by
the Clean Air Act Advisory Committee,
Action
Date FR Cite
NPRM
Final Action
To Be Determined
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No. 5079.
URL For More Information:
wr\vwf.epa.gov/nsr
Agency Contact: Jennifer Snyder,
Environmental Protection Agency, Air
and Radiation, C5 04-05, Research
Triangle Park, NC 27711
Phone: 919 541-3003
Fax: 919 541-5509
Email: snyder.j ennifer@ep amail. ep a. gov
Juan Santiago, Environmental
Protection Agency, Air and Radiation,
C504-03, Research Triangle Park, NC
27711
Phone: 919 541-1084
Fax: 919 541-5509
Email: santiago.juan@epa.gov
RIN: 2060-AN93
706. NESHAP: MISCELLANEOUS
ORGANIC CHEMICAL
MANUFACTURING—AMENDMENTS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: On November 10, 2003, EPA
promulgated national emission
standards for hazardous air pollutants
(NESHAP) for miscellaneous organic
chemical manufacturing. The rule is
referred to as the miscellaneous organic
NESHAP or the MON. The MON
incorporates by reference the
wastewater tank requirements in the
National Emission Standards for
Organic Hazardous Air Pollutants From
the Synthetic Organic Chemical
Manufacturing Industry for Process
Vents, Storage Vessels, Transfer
Operations, and Wastewater, which
EPA promulgated on April 24, 1994,
and which is referred to as the
hazardous organic NESHAP or the
HON. On August 6, 2008, EPA
proposed amending the HON, and
thereby, the MON, by adding an
equivalent means of emission limitation
for wastewater tanks.
Timetable:
Action
Date FR Cite
NPRM
NPRM Comment
Period End
Final Action
08/06/08 73 FR 45673
09/22/08
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No.
4891.1; EPA publication information:
NPRM - http://www.epa.gov/fedrgstr/
EPA-AIR/2008/ August/Day -
06/al8142.pdf; Split from RIN 2060-
AM43; EPA Docket information: EPA-
HQ-OAR-2003-0121.
Agency Contact: Randy McDonald,
Environmental Protection Agency, Air
and Radiation, E143-01, Research
Triangle Park, NC 27711
Phone: 919 541-5402
Fax: 919 541-0246
Email: mcdonald.randy@epa.gov
Ken Hustvedt, Environmental
Protection Agency, Air and Radiation,
E143-01, RTF, NC 27711
Phone: 919 541-5395
Fax: 919 685-3200
Email: hustvedt.ken@epamail.epa.gov
RIN: 2060-AO07
707. PETROLEUM REFINERY
RESIDUAL RISK STANDARDS
Priority: Other Significant
Legal Authority: CAA sec H2(f)(2);
CAA 112(d)(6); CAA 112(d)(2) and (3)
CFR Citation: 40 CFR 63 (Revision)
Legal Deadline: None
Abstract: Under CAA section 112(d)(6)
EPA is required to review standards
issued under section 112 and to revise
them "as necessary (taking into account
developments in practices, processes
and control technologies)" no less
frequently than every 8 years. EPA also
must evaluate the MACT standards
within 8 years after promulgation and
promulgate standards under CAA
section 112 (f)(2) if required to provide
an ample margin of safety to protect
public health or prevent an adverse
environmental effect. The final rule was
signed on January 16, 2009, but was
71
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Spring 2010 Semiannual Regulatory Agenda
EPA—Clean Air Act
Long-Term Actions
not published in the Federal Register.
On October 28, 2009, EPA proposed to
withdraw the residual risk and
technology portions of the final rule,
in order to gather better emissions
information from the refining industry.
On the same day, EPA finalized
amendments to the rule that
implements requirements for heat
exchange systems under CAA section
Timetable:
Action
Date FR Cite
09/04/07 72 FR 50716
11/05/07
11/10/08 73 FR 66694
12/10/08
10/28/09 74 FR 55505
10/28/09 74 FR 55670
11/27/09
To Be Determined
NPRM
NPRM Comment
Period End
Supplemental NPRM
Supplemental NPRM
Comment Period
End
NPRM—Partial
Withdrawal
Final Action—Heat
Exchangers
NPRM—Partial
Withdrawal
Comment Period
End
Final Action—Partial
Withdrawal
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No.
5093.1; EPA publication information:
Supplemental NPRM -
http://www.epa.gov/fedrgstr/ EPA-
AIR/2008/ November/Day-
10/a26403.pdf; Split from RIN 2060-
AN85; EPA Docket information: EPA-
HQ-OAR-2003-0146.
URL For More Information:
www.epa.gov/fedrgstr/ EPA-
AIR/2007/September/Day-
04/al7009.pdf
Agency Contact: Bob Lucas,
Environmental Protection Agency, Air
and Radiation, E143-01, RTF, NC
27709
Phone: 919 541-0884
Fax: 919 541-0246
Email: lucas.bob@epamail.epa.gov
Ken Hustvedt, Environmental
Protection Agency, Air and Radiation,
E143-01, RTF, NC 27711
Phone: 919 541-5395
Fax: 919 685-3200
Email: hustvedt.ken@epamail.epa.gov
RIN: 2060-AO55
708. PLYWOOD AND COMPOSITE
WOOD PRODUCTS (PCWP) NESHAP—
PROPOSED AND FINAL
AMENDMENTS TO ADDRESS "NO
EMISSION REDUCTION" MACT
FLOORS
Priority: Other Significant. Major status
under 5 USC 801 is undetermined.
Legal Authority: Clean Air Act sec 112
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: The U.S. Court of Appeals for
the District of Columbia Circuit ordered
EPA to re-evaluate the MACT floor for
certain PCWP process unit groups.
Among the issues to be addressed is
MACT floors that had no emission
reduction requirements. To meet these
regulatory obligations in the face of
changing industry practices (e.g., resin
reformulation) whose emissions profiles
and industry (e.g., MACT floor) impacts
have not yet been determined, EPA
intends to do the following:
1. Develop an industry-wide survey for
distribution late-2010 that focuses on
the remand units, PCWP residual risk
and technology review, resin
reformulations and other process
changes.
2. Identify technologies, emission
limits, and/or work practices.
3. Assess risk / conduct technology
review.
4. Assess impacts and costs.
5. Determine options and regulatory
course of action (anticipated timing is
for a proposal in late 2011 and final
in 2012).
Timetable:
Action
Date FR Cite
NPRM
08/00/11
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 5185.
Agency Contact: Elizabeth Palma,
Environmental Protection Agency, Air
and Radiation, E143-03, RTF, NC
27711
Phone: 919 541-5432
Fax: 919 541-3470
Email: palma.elizabeth@epa.gov
Robin Dunkins, Environmental
Protection Agency, Air and Radiation,
E143-03, RTF, NC 27711
Phone: 919 541-5335
Fax: 919 541-3470
Email: dunkins.robin@epamail.epa.gov
RIN: 2060-AO66
709. PROTECTION OF THE
STRATOSPHERIC OZONE: MOTOR
VEHICLE AIR CONDITIONING SYSTEM
SERVICING
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7671 to 767lq
CFR Citation: 40 CFR 82
Legal Deadline: None
Abstract: The motor vehicle air
conditioning industry is considering to
move to alternative refrigerants. This
action would establish service,
maintenance, and equipment
provisions, as required by the Clean Air
Act, for new alternative refrigerants in
the motor vehicle air conditioning
sector. These provisions will help
ensure the safe and effective servicing
of motor vehicle air conditioning
systems.
Timetable:
Action
Date FR Cite
NPRM
To Be Determined
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: None
Additional Information: SAN No. 5206.
URL For More Information:
www.epa.gov/ozone/snap
Agency Contact: Yaidi Cancel,
Environmental Protection Agency, Air
and Radiation, 6205J, Washington, DC
20460
Phone: 202 343-9512
Fax: 202 343-2338
Email: cancel.yaidi@epa.gov
Cindy Newberg, Environmental
Protection Agency, Air and Radiation,
6205J, Washington, DC 20460
Phone: 202 343-9729
Email: newberg.cindy@epamail.epa.gov
RIN: 2060-AO75
710. RISK AND TECHNOLOGY
REVIEW—PHARMACEUTICAL
PRODUCTION AND PRINTING AND
PUBLISHING—BIN 1
Priority: Other Significant
Legal Authority: CAA sec H2(f)(2);
CAA sec 112(d)(6)
CFR Citation: Not Yet Determined
72
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Spring 2010 Semiannual Regulatory Agenda
EPA—Clean Air Act
Long-Term Actions
Legal Deadline: None
Abstract: This action was proposed as
Risk and Technology Review (RTR)
Group 2A. The action is now RTR Binl
and includes only two of the original
nine source categories. Bin 1 is
comprised of National Emission
Standards for Pharmaceuticals
Production (statutory requirement
09/21/2006); and National Emission
Standards for the Printing and
Publishing Industry (statutory
requirement 05/30/2004). This action
will address both EPA's obligation to
conduct a residual risk review and to
conduct a technology review. It
includes nine source categories, each
affected by one of five MACT
standards.
Timetable:
Action
Date
FR Cite
NPRM
NPRM Correction
NPRM Comment
Period End
Supplemental NPRM
10/10/08 73 FR 60432
10/24/08 73 FR 63420
11/24/08
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No.
5093.2; EPA publication information:
NPRM - http://www.epa.gov/fedrgstr/
EPA-AIR/2008/ October/Day -
10/a23373.pdf; Split from RDM 2060-
AN85; EPA Docket information: EPA-
HQ-OAR-2008-0008.
Agency Contact: Mary Kissell,
Environmental Protection Agency, Air
and Radiation, E143-01, RTF, NC
27711
Phone: 919 541-4516
Fax: 919 685-3219
Email: kissell.mary@epa.gov
Ken Hustvedt, Environmental
Protection Agency, Air and Radiation,
E143-01, RTF, NC 27711
Phone: 919 541-5395
Fax: 919 685-3200
Email: hustvedt.ken@epamail.epa.gov
RIN: 2060-AO91
711. NATIONAL EMISSION
STANDARDS FOR HAZARDOUS AIR
POLLUTANTS FOR CHROMIUM
ELECTROPLATING, CHROMIUM
ANODIZING, AND STEEL PICKLING
RESIDUAL RISK AND TECHNOLOGY
REVIEW
Priority: Other Significant
Legal Authority: CAA sec H2(f)(2);
CAA sec 112(d)(6)
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: This action is the Risk and
Technology Review (RTR) for two
MACT—Chromium Electroplating
MACT and Steel Pickling MACT. It will
address both EPA's obligation under
Clean Air Act (CAA) section 112(f)(2)
and 112(d)(6) to conduct a residual risk
review and to conduct a technology
review. The associated North American
Industry Classification System (NAICS)
codes are listed below.
Manufacturing - electroplating and
anodizing facilities, 332813.
Timetable:
Action
Date
FR Cite
NPRM To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No.
5093.3; Split from RDM 2060-AN85.
Agency Contact: Phil Mulrine,
Environmental Protection Agency, Air
and Radiation, D243-02, RTF, NC
27711
Phone: 919 541-5289
Fax: 919 541-3207
Email: mulrine.phil@epa.gov
Steve Fruh, Environmental Protection
Agency, Air and Radiation, D243-02,
Research Triangle Park, NC 27711
Phone: 919 541-2837
Fax: 919 541-4991
Email: fruh.steve@epamail.epa.gov
RIN: 2060-AO92
712. RISK AND TECHNOLOGY
REVIEW PHASE II GROUP 3
Priority: Other Significant
Legal Authority: CAA sec H2(f); CAA
sec 112(d)(6)
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: Under the "technology
review" provision of CAA section 112,
EPA is required to review maximum
achievable control technology (MACT)
standards and to revise them "as
necessary (taking into account
developments in practices, processes
and control technologies)" no less
frequently than every 8 years. Under
the "residual risk" provision of CAA
section 112, EPA must evaluate the
MACT standards within 8 years after
promulgation and promulgate standards
if required to provide an ample margin
of safety to protect public health or
prevent an adverse environmental
effect. EPA has combined the remaining
MACT source categories requiring
residual risk and technology reviews
into several groups of "risk and
technology" (RTR) reviews. This action
focuses on RTR Group 3, which
consists of 18 MACT standards with
MACT compliance dates of 2003 and
earlier.
Timetable:
Action
Date FR Cite
Notice of Data To Be Determined
Availability
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: None
Additional Information: SAN No. 5196.
Agency Contact: Paula Hirtz,
Environmental Protection Agency, Air
and Radiation, E143-01, RTF, NC
27711
Phone: 919 541-2618
Fax: 919 541-0246
Email: hirtz.paula@epa.gov
Ken Hustvedt, Environmental
Protection Agency, Air and Radiation,
E143-01, RTF, NC 27711
Phone: 919 541-5395
Fax: 919 685-3200
Email: hustvedt.ken@epamail.epa.gov
RIN: 2060-AO97
713. PREVENTION OF AIR POLLUTION
EMERGENCY EPISODES
Priority: Other Significant
Legal Authority: Not Yet Determined
CFR Citation: 40 CFR 51
Legal Deadline: None
Abstract: This proposal will revise
subpart H of 40 CFR part 51, which
establishes the requirements for that
portion of State implementation plans
73
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Spring 2010 Semiannual Regulatory Agenda
EPA—Clean Air Act
Long-Term Actions
to address air pollution emergency
episodes. The proposal includes the
following: (1) revisions to the
emergency episode requirements to
simplify the emergency episode
classification system for air quality
control regions for all NAAQS
pollutants; (2) criteria for establishing
those areas that need to develop
emergency episode plans to address
PM2.5; and (3) revisions to Appendix
L (an example State emergency episode
regulation) to include example
regulations to address PM2.5.
Timetable:
Timetable:
Action
Date FR Cite
Action
Date FR Cite
NPRM
Final Action
To Be
To Be
Determined
Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No. 5216;
EPA Docket information: EPA-HQ-OAR-
2007-1046.
Agency Contact: Dave Sanders,
Environmental Protection Agency, Air
and Radiation, C539-01, RTF, NC
27711
Phone: 919 541-3356
Fax: 919 541-0824
Email: sanders.dave@epamail.epa.gov
RIN: 2060-APOO
714. REMAND OF HALOGENATED
SOLVENT CLEANING FINAL
RESIDUAL RISK RULE
Priority: Other Significant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: EPA promulgated technology-
based emission standards for this
source category in 1992 under section
112 (d) of the Clean Air Act. These
standards are codified at 40 CFR part
63, subpart T. On May 3, 2007, EPA
also promulgated amendments to the
NESHAP standards as required by
sections 112(f) and 112(d)(6) of the
Clean Air Act. Petitions have been filed
requesting EPA to reconsider its
emission standards under the May 3,
2007, final rule. EPA issued a proposed
reconsideration rule on October 20,
2008. In November 2009, EPA was
granted a remand of this rule.
10/20/08 73 FR 62384
12/03/08 73 FR 73631
NPRM
NPRM Comment
Period Extended
NPRM Comment 12/04/08
Period End
NPRM Comment 02/04/09
Period Extended To
Reproposal To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State, Tribal
Additional Information: SAN No. 5236;
EPA publication information: NPRM
extension of comment period -
http://www.epa.gov/fedrgstr/ EPA-
AIR/2008/ December/Day -
03/a28675.htm; EPA Docket
information: EPA-HQ-OAR-2002-0009.
Agency Contact: Amy Hambrick,
Environmental Protection Agency, Air
and Radiation, E143-03, RTF, NC
27711
Phone: 919 541-0964
Fax: 919 541-3470
Email: hambrick.amy@epamail.epa.gov
Robin Dunkins, Environmental
Protection Agency, Air and Radiation,
E143-03, RTF, NC 27711
Phone: 919 541-5335
Fax: 919 541-3470
Email: dunkins.robin@epamail.epa.gov
RIN: 2060-AP07
715. RESPONSE TO SECTION 126
PETITION FROM WARRICK COUNTY,
INDIANA, AND THE TOWN OF
NEWBURGH, INDIANA
Priority: Info./Admin./Other
Legal Authority: Clean Air Act sec 126
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: This rulemaking will respond
to a petition submitted by Warrick
County, Indiana and the Town of
Newburgh, Indiana under section 126
of the Clean Air Act. The petition
requests that EPA make a finding that
a power plant being proposed to be
built in Henderson County, Kentucky
(Cash Creek) will emit air pollutants
that will significantly contribute to
nonattainment in, or interfere with
maintenance by, Warrick County and
Newburgh, Indiana with respect to the
national ambient air quality standards
for ozone and particulate matter. Based
on such a finding, the petition requests
that EPA establish emission limitations
for the proposed power plant to prevent
the significant contribution.
Timetable:
Action
Date
FR Cite
NPRM To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Organizations
Government Levels Affected: None
Additional Information: SAN No. 5268.
Agency Contact: Carla Oldham,
Environmental Protection Agency, Air
and Radiation, C539-04, RTF, NC
20460
Phone: 919 541-3347
Fax: 919 541-0824
Email: oldham.carla@epamail.epa.gov
Rhea Jones, Environmental Protection
Agency, Air and Radiation, C539-04,
RTF, NC 27709
Phone: 919 541-2940
Fax: 919 541-0824
Email: jones.rhea@epa.gov
RIN: 2060-AP21
716. NESHAP: GROUP I AND IV
POLYMERS AND RESINS:
AMENDMENTS
Priority: Other Significant
Unfunded Mandates: Undetermined
Legal Authority: Not Yet Determined
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: This action amends the final
MACT rule for Group IV Polymers and
Resins (subpart JJJ) under National
Emission Standard for Hazardous Air
Pollutants (NESHAP) for thermoplastics
(Group IV Polymers and Resins) by
addressing a petition by Arteva
Specialties for reconsideration
concerning subcategorization and the
control requirements for leaking
equipment. The action will clarify the
categorization of polyethylene
terephthalate (PET) resin using the
continuous terephthalic acid high
viscosity multiple end finisher process
and determine whether the cost
analysis used to regulate leaking
equipment should be based on
individual component types rather than
the aggregated approach used in the
final rule.
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Spring 2010 Semiannual Regulatory Agenda
EPA—Clean Air Act
Long-Term Actions
Timetable:
Action
Date FR Cite
NPRM
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5280.
Agency Contact: Randy McDonald,
Environmental Protection Agency, Air
and Radiation, E143-01, Research
Triangle Park, NC 27711
Phone: 919 541-5402
Fax: 919 541-0246
Email: mcdonald.randy@epa.gov
Ken Hustvedt, Environmental
Protection Agency, Air and Radiation,
E143-01, RTF, NC 27711
Phone: 919 541-5395
Fax: 919 685-3200
Email: hustvedt.ken@epamail.epa.gov
RIN: 2060-AP25
717. RESPONSE TO PETITION FROM
NORTH CAROLINA
Priority: Substantive, Nonsignificant
Unfunded Mandates: Undetermined
Legal Authority: Not Yet Determined
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: EPA is reconsidering its
decision to deny the petition submitted
by the State of North Carolina to EPA
pursuant to section 126 of the Clean
Air Act (CAA). North Carolina
submitted a petition on March 18,
2004, alleging that upwind major
sources of PM and ozone precursors
were contributing significantly to North
Carolina's ability to attain or maintain
the PM and ozone NAAQS. In 2006,
EPA denied North Carolina's petition
in conjunction with issuing the CAIR
federal implementation plan rule. As a
result of a remand of the CAIR, the
legal basis for denying the PM part of
North Carolina's petition no longer
exists. On March 5, 2009, the D.C.
Circuit of Appeals granted our motion
for voluntary remand of our decision
to deny North Carolina's petition.
Timetable:
Action
Date
FR Cite
NPRM
To Be Determined
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5347
Agency Contact: Tim Smith,
Environmental Protection Agency, Air
and Radiation, C539-04, RTF, NC
27711
Phone: 919 541-1718
Fax: 919 541-5489
Email: smith.tim@epamail.epa.gov
Rhea Jones, Environmental Protection
Agency, Air and Radiation, C539-04,
RTF, NC 27709
Phone: 919 541-2940
Fax: 919 541-0824
Email: jones.rhea@epa.gov
RIN: 2060-APS 1
718. RESPONSE TO PETITION FROM
DELAWARE
Priority: Info./Admin./Other
Unfunded Mandates: Undetermined
Legal Authority: Not Yet Determined
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: EPA is proposing to take
action on a petition submitted by
Delaware under section 126 of the
Clean Air Act. On December 18, 2008,
EPA received Delaware's section 126
petition. In this petition, Delaware
seeks emissions reductions from large
electric generating units in a number
of upwind States, in order to reduce
the contributions from their emissions
to PM2.5 and ozone problems in
Delaware.
Timetable:
Action
Date FR Cite
NPRM
To Be Determined
Regulatory Flexibility Analysis
Required: No
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected:
Undetermined
Additional Information: SAN No. 5353.
Agency Contact: Tim Smith,
Environmental Protection Agency, Air
and Radiation, C539-04, RTF, NC
27711
Phone: 919 541-1718
Fax: 919 541-5489
Email: smith.tim@epamail.epa.gov
Rhea Jones, Environmental Protection
Agency, Air and Radiation, C539-04,
RTF, NC 27709
Phone: 919 541-2940
Fax: 919 541-0824
Email: jones.rhea@epa.gov
RIN: 2060-AP60
719. IMPLEMENTING THE 1997
8-HOUR OZONE NAAQS: SECTION
185 PENALTY FEE PROVISIONS
Priority: Other Significant
Legal Authority: 42 USC 7410; 42 USC
7511 to 7511f; 42 USC 7601(a)(l)
CFR Citation: 40 CFR 51
Legal Deadline: None
Abstract: This action will make
revisions to the rule for implementing
the 1997 8-hour ozone National
Ambient Air Quality Standards
(NAAQS) that addresses how the Clean
Air Act section 185 penalty fee
provisions apply under the anti-
backsliding provisions of the
implementation rule will be addressed
through individual SIP FR notices.
Timetable:
Action
Date FR Cite
NPRM
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No.
5194.3; EPA publication information:
NPRM - http://www.epa.gov/fedrgstr/
EPA-AIR/2 009/January/Day-
16/a806.pdf; Split from RIN 2060-
AO96; EPA Docket information: EPA-
HQ-OAR-2007-0956.
Agency Contact: Denise Gerth,
Environmental Protection Agency, Air
and Radiation, C504-01, RTF, NC
27711
Phone: 919 541-5550
Fax: 919 541-0824
Email: gerth.denise@epamail.epa.gov
RIN: 2060-AP68
720. NESHAP: BRICK AND
STRUCTURAL CLAY AND CLAY
CERAMICS
Priority: Other Significant
Unfunded Mandates: Undetermined
Legal Authority: Not Yet Determined
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: This rulemaking will
establish emission limits for hazardous
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Spring 2010 Semiannual Regulatory Agenda
EPA—Clean Air Act
Long-Term Actions
air pollutants (HF, HC1 and metals)
emitted from brick and clay ceramics
kilns and glazing operations at clay
ceramics production facilities. The
brick and structural clay products
industry primarily includes facilities
that manufacture brick, clay, pipe, roof
tile, extruded floor and wall tile, and
other extruded dimensional clay
products from clay, shale, or a
combination of the two. The
manufacturing of brick and structural
clay products involves mining, raw
material processing (crushing, grinding,
and screening), mixing, forming, cutting
or shaping, drying, and firing. Ceramics
are defined as a class of inorganic,
nonmetallic solids that are subject to
high temperature in manufacture
and/or use. The clay ceramics
manufacturing source category includes
facilities that manufacture traditional
ceramics, which include ceramic tile,
dinnerware, sanitaryware, pottery, and
porcelain. The primary raw material
used in the manufacture of these
traditional ceramics is clay. The
manufacturing of clay ceramics
involves raw material processing
(crushing, grinding, and screening),
mixing, forming, shaping, drying,
glazing, and firing.
Timetable:
Action
Date FR Cite
NPRM
Final Action
To Be Determined
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected:
Undetermined
Additional Information: SAN No. 5367.
Agency Contact: Jeff Telander,
Environmental Protection Agency, Air
and Radiation, D243-02, RTF, NC
27711
Phone: 919 541-5427
Fax: 919 541-5600
Email: telander.jeff@epamail.epa.gov
Steve Fruh, Environmental Protection
Agency, Air and Radiation, D243-02,
Research Triangle Park, NC 27711
Phone: 919 541-2837
Fax: 919 541-4991
Email: fruh.steve@epamail.epa.gov
RIN: 2060-AP69
721. OIL AND NATURAL GAS
ACTIVITIES—REVIEW OF NEW
SOURCE PERFORMANCE
STANDARDS, NATIONAL EMISSION
STANDARDS FOR HAZARDOUS AIR
POLLUTANTS, AND CONTROL
TECHNIQUES GUIDELINES
Priority: Other Significant
Unfunded Mandates: Undetermined
Legal Authority: CAA sec ill
CFR Citation: Not Yet Determined
Legal Deadline: NPRM, Judicial,
January 31, 2011, Consent Decree
entered 02/04/2010.
Final, Judicial, November 30, 2011,
Consent Decree entered 02/04/2010.
Abstract: New Source Performance
Standards (NSPS) regulate criteria
pollutants from new stationary sources.
Two NSPS (subparts KKK and LLL) for
the oil and natural gas industry were
promulgated in 1985. Section 111 of
the Clean Air Act (CAA) requires that
NSPS be reviewed every 8 years, and
revised as appropriate. The
development of control techniques
guidelines for criteria pollutants will
also be considered under this action.
National Emission Standards for
Hazardous Air Pollutants (NESHAP)
regulate hazardous air pollutants (HAP)
from new and existing stationary
sources. Two NESHAP (subparts HH
and HHH) for the oil and natural gas
industry were promulgated in 1999.
Section 112 of the CAA requires that
NESHAP be reviewed every 8 years and
revised as appropriate. In addition,
section 112(f) requires that each
category regulated under section 112(d)
be reviewed to ensure that such
regulations provide for an ample
margin of safety to protect public
health (i.e. address "residual risk" for
each category). This action will include
the required reviews under sections 111
and 112.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
To Be Determined
To Be Determined
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: None
Additional Information: SAN No. 5369.
Agency Contact: Bruce Moore,
Environmental Protection Agency, Air
and Radiation, E143-01, RTF, NC
27711
Phone: 919 541-5460
Fax: 919 541-0246
Email: moore.bruce@epamail.epa.gov
Ken Hustvedt, Environmental
Protection Agency, Air and Radiation,
E143-01, RTF, NC 27711
Phone: 919 541-5395
Fax: 919 685-3200
Email: hustvedt.ken@epamail.epa.gov
RIN: 2060-AP76
722. NESHAP STANDARD
STANDARDS FOR PETROLEUM
REFINERIES—HEAT EXCHANGERS
Priority: Substantive, Nonsignificant
Legal Authority: CAA sec H2(f)(2);
CAA 112(d)(6); CAA 112(d)(2) and (3)
CFR Citation: 40 CFR 63 (Revision)
Legal Deadline: None
Abstract: Under the Clean Air Act
(CAA) section 112(d)(6), EPA is
required to review standards issued
under section 112 and to revise them
"as necessary (taking into account
developments in practices, processes
and control technologies)" no less
frequently than every 8 years. EPA also
must evaluate the Maximum
Achievable Control Technology
(MACT) standards within 8 years after
promulgation and promulgate standards
under CAA section 112 (f)(2) if required
to provide an ample margin of safety
to protect public health or prevent an
adverse environmental effect. We are
currently reviewing our existing
standards and also the underlying rules
that are often referenced by these
standards. As a result of this review,
we have noted the need to consolidate
rule requirements, and to update
control requirements based on the risk
and technology reviews under both
sections 112 and 111. Additionally, we
recognize that most chemical and
refinery sector operations have similar
emission sources that are often required
to be controlled to the similar levels
by the same type of control devices and
work practice standards, although on a
piecemeal fashion such that the
requirements may differ slightly from
source to source without any tangible
environmental benefits. We are
therefore developing a limited number
of rules (standard standards) that are
consistent and that can be applied to
numerous sources in the chemicals and
refining sector. This effort will consist
of developing the heat exchanger
standard, including developing control
76
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Spring 2010 Semiannual Regulatory Agenda
EPA—Clean Air Act
Long-Term Actions
options to address technology review
under both 112 and 111; addressing the
control of VOC, HAP, and other
pollutants, as appropriate; and
estimating the impacts of regulatory
options, emission reductions, impacts
on risk, costs, cost effectiveness, and
economic impacts for the refining and
chemicals sector.
Timetable:
Action
Date FR Cite
NPRM
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No.
5093.8; EPA publication information:
Supplemental NPRM -
http://www.epa.gov/fedrgstr/ EPA-
AIR/2008/ November/Day-
10/a26403.pdf; Split from RDM 2060-
AP70. Split from RIN 2060-AO55. Split
from RIN 2060-AN85; EPA Docket
information: EPA-HQ-OAR-2003—0146.
Agency Contact: Bob Lucas,
Environmental Protection Agency, Air
and Radiation, E143-01, RTF, NC
27709
Phone: 919 541-0884
Fax: 919 541-0246
Email: lucas.bob@epamail.epa.gov
Ken Hustvedt, Environmental
Protection Agency, Air and Radiation,
E143-01, RTF, NC 27711
Phone: 919 541-5395
Fax: 919 685-3200
Email: hustvedt.ken@epamail.epa.gov
RIN: 2060-AP84
723. REVISION OF NEW SOURCE
PERFORMANCE STANDARDS FOR
NEW RESIDENTIAL WOOD HEATERS
Priority: Other Significant
Unfunded Mandates: Undetermined
Legal Authority: CAA sec ill
CFR Citation: 40 CFR 60
Legal Deadline: None
Abstract: EPA is revising the New
Source Performance Standards (NSPS)
for residential wood heaters (60 CFR
subpart AAA) under Clean Air Act
section lll(b)(l)(B). This action will
update the 1988 NSPS to reflect
significant advancements in wood
heater technologies and design, broaden
the range of residential wood heating
appliances covered by the regulation,
and improve and streamline
implementation procedures.
Timetable:
Timetable:
Action
Date
FR Cite
NPRM
Final Action
04/00/11
04/00/12
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 5396.
Agency Contact: Gil Wood,
Environmental Protection Agency, Air
and Radiation, C404-05, RTF, NC
27711
Phone: 919 541-5272
Fax: 919 541-0242
Email: wood.gil@epa.gov
David Cole, Environmental Protection
Agency, Air and Radiation, C404-05,
RTF, NC 27711
Phone: 919 541-5565
Fax: 919 541-0242
Email: cole.david@epa.gov
RIN: 2060-AP93
724. NATIONAL VOC EMISSION
STANDARDS FOR ARCHITECTURAL
COATINGS; AMENDMENTS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 75lib
CFR Citation: 40 CFR 59
Legal Deadline: None
Abstract: This action amends the
existing Architectural Coatings Rule at
40 CFR part 59, subpart D to update
the categories and limits to make them
consistent with the Ozone Transport
Commission model rule. This action is
being done in response to a Clean Air
Act Advisory Committee
recommendation. This action was
originally combined with similar
amendments for consumer and
commercial products under the
"National VOC Emission Standards for
Consumer Products; Amendments"
(RDM 2060-AI62). However, it has now
been determined that the other source
categories in 2060-AI62 will be delayed
due to the need for further analysis,
and EPA has decided to separate out
the Architectural Coatings piece as a
separate rulemaking.
Action
Date
FR Cite
NPRM 04/00/11
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5391.
Agency Contact: Bruce Moore,
Environmental Protection Agency, Air
and Radiation, E143-03, RTF, NC
27711
Phone: 919 541-5460
Fax: 919 541-0072
Email: moore.bruce@epamail.epa.gov
Robin Dunkins, Environmental
Protection Agency, Air and Radiation,
E143-03, RTF, NC 27711
Phone: 919 541-5335
Fax: 919 541-3470
Email: dunkins.robin@epamail.epa.gov
RIN: 2060-AP94
725. NATIONAL EMISSION
STANDARDS FOR HAZARDOUS AIR
POLLUTANTS FOR ELEMENTAL
PHOSPHOROUS PRODUCTION
Priority: Substantive, Nonsignificant
Legal Authority: Clean Air Act sec 112
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: Well-established procedures
for determining MACT will be followed
in this project, and no new or novel
issues are being raised by this
rulemaking. We are engaged with
Agency and other stakeholders, and
will continue to develop this MACT
standard with their involvement.
Elemental Phosphorus Production was
not listed as one of the categories on
the Source Category list to be regulated
under Clean Air Act section 112.
However, we have received petitions
from States to develop a Maximum
Available Control Technology (MACT)
standard for this category. We plan to
list this source category at proposal.
Elemental phosphorous production
includes mining, sizing and calcining
phosphate ore, and then blending it
with silica and coke before melting in
a furnace under reduced conditions.
Elemental phosphorous gases are
evolved from the furnace and captured,
then condensed in a cooling process
and transferred into tanks and cylinders
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Spring 2010 Semiannual Regulatory Agenda
EPA—Clean Air Act
Long-Term Actions
under pressure. Slag (waste) is tapped
from the bottom of the furnace and
discarded. The production processes
emit p articulate matter (PM); toxic
metals including radionuclides,
selenium and mercury (Hg); and
hydrogen cyanide (HCN).
All of the elemental phosphorous in the
U.S. is produced at one (Monsanto)
plant and about 90 percent of it is used
as a raw material for the production
of Roundup(c), a Monsanto product.
The remainder is used as a food grade
additive and for military purposes.
There are no small business issues with
this project.
The facility presents Environmental
Justice concerns. The facility is located
within the hunting, fishing, and
gathering grounds of three Indian tribes
on the Fort Hall Indian Reservation,
and shares the watershed and major
rivers with the tribes.
Timetable:
Action
Date FR Cite
NPRM
Final Action
05/00/11
To Be
Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5390.
Agency Contact: Susan Fairchild,
Environmental Protection Agency, Air
and Radiation, D243-02, Research
Triangle Park, NC 27711
Phone: 919 541-5167
Fax: 919 541-3207
Email: fairchild.susan@epamail.epa.gov
Steve Fruh, Environmental Protection
Agency, Air and Radiation, D243-02,
Research Triangle Park, NC 27711
Phone: 919 541-2837
Fax: 919 541-4991
Email: fruh.steve@epamail.epa.gov
RIN: 2060-AP97
726. • RISK AND TECHNOLOGY
REVIEW FOR FERROALLOYS
PRODUCTION
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63
Legal Deadline: NPRM, Statutory,
October 31, 2011.
Final, Statutory, June 30, 2012.
Abstract: Under the "technology
review" provision of CAA section 112,
EPA is required to review maximum
achievable control technology (MACT)
standards and to revise them "as
necessary (taking into account
developments in practices, processes
and control technologies)" no less
frequently than every 8 years. Under
the "residual risk" provision of the
CAA section 112, EPA must evaluate
the MACT standards within 8 years
after promulgation and promulgate
standards if required to provide an
ample margin of safety to protect public
health or prevent an adverse
environmental effect. EPA has
combined the two review activities into
the "risk and technology" (RTR)
reviews for the Ferroalloys Production
source category. This source category
was originally part of the Group 3
previously listed in RIN 2060-AO97. A
ferroalloy is an alloy of iron and one
or more other elements, such as nickel,
chromium, manganese, and/or silicon.
Silicon metal is also typically
considered a ferroalloy product. In
addition, calcium carbide production
uses virtually the same equipment and
processes as ferroalloys, and was
included in the Ferroalloys New Source
Performance Standards (NSPS), as well
as the National Emission Standards for
Hazardous Air Pollutants (NESHAP) for
ferroalloy area sources. Ferroalloy
products are consumed primarily in
iron and steel making, where they are
used to produce steel and cast iron
products with enhanced or special
properties. Ferroalloys production
consists of charging a submerged
electric arc furnace (EAF) with raw
materials, smelting the ores, and
tapping or pouring the molten product.
Raw material and product handling
(e.g., crushing and screening
operations) also occur as part of the
ferroalloy production process.
The emission source types at
ferroalloys production facilities include
open EAF, semi-closed EAF, tapping
operations, metal oxygen refining
(MOR) processes, crushing and
screening operations, ladle treatment,
casting, and fugitive dust sources. The
specific hazardous air pollutants (HAP)
that are emitted, and the quantity of
these emissions, are related to the
amount of HAP compounds present in
the raw materials used. Metallic HAP
expected to be emitted by the furnaces
include chromium, nickel, manganese,
lead, antimony, cadmium, arsenic,
mercury, and selenium. Emissions of
phosphorus and polycyclic organic
matter (POM), such as polycyclic
aromatic hydrocarbon (PAH), are also
expected, but in relatively small
quantities. In most cases, HAP exist
only in trace amounts in raw materials
(such as coal or scrap metal) and,
therefore, emissions generally are
relatively low. However, manganese is
a constituent in some of the final
products such as ferromanganese and
silicomanganese and is present in large
quantities in the raw materials.
Therefore, emissions of manganese can
be significant. Additionally,
compounds such as chlorine and
fluorides are present in coal, which is
used as a raw material in EAF, and,
thus, hydrochloric acid (HC1) and
hydrogen fluoride (HF) emissions can
be significant.
Timetable:
Action
Date
FR Cite
ANPRM
NPRM
To Be Determined
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN No. 5417.
Agency Contact: Conrad Chin,
Environmental Protection Agency, Air
and Radiation, D243-02, RTF, NC
27711
Phone: 919 541-1512
Email: chin.conrad@epamail.epa.gov
Sharon Nizich, Environmental
Protection Agency, Air and Radiation,
D243-02, RTF, NC 277110
Phone: 919 541-2825
Email: nizich.sharon@epa.gov
RIN: 2060-AQll
727. • RESIDUAL RISK AND
TECHNOLOGY REVIEW
AMENDMENTS TO THE PHOSPHORIC
ACID AND PHOSPHATE FERTILIZER
PRODUCTION NESHAPS
Priority: Other Significant
Unfunded Mandates: Undetermined
Legal Authority: Clean Air Act sec 112
CFR Citation: Not Yet Determined
Legal Deadline: NPRM, Judicial, March
15, 2011.
Final, Judicial, December 15, 2011.
78
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Spring 2010 Semiannual Regulatory Agenda
EPA—Clean Air Act
Long-Term Actions
Abstract: Phosphate rock is the
primary raw material for phosphoric
acid, which in turn is the raw material
for phosphate fertilizer. These two rules
are grouped together because their
production processes are usually
located at the same facility. Part 63
NESHAPs for phosphoric acid and
phosphate fertilizer (subparts AA and
BB, respectively) were promulgated in
June 1999. Facilities subject to these
rules were required to be in compliance
by June 2002.
The Clean Air Act requires EPA to
address the risk remaining to the public
(i.e., a 'risk review') within 8 years after
promulgation of the MACT standards.
We must also conduct a technology
review of the source categories within
8 years to determine whether new
technology exists to reduce emissions
of hazardous air pollutants (HAP)
below the levels established by the
MACT standards. For purposes of
expediency, these two reviews are
combined together and called a risk
and technology review, or RTR.
The amendments will address both risk
reduction and technology advancement
for the phosphoric acid and phosphate
fertilizer source categories.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
To Be Determined
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State
Additional Information: SAN No. 5435.
Agency Contact: Susan Fairchild,
Environmental Protection Agency, Air
and Radiation, D243-02, Research
Triangle Park, NC 27711
Phone: 919 541-5167
Fax: 919 541-3207
Email: fairchild.susan@epamail.epa.gov
Steve Fruh, Environmental Protection
Agency, Air and Radiation, D243-02,
Research Triangle Park, NC 27711
Phone: 919 541-2837
Fax: 919 541-4991
Email: fruh.steve@epamail.epa.gov
RIN: 2060-AQ20
Environmental Protection Agency (EPA)
Clean Air Act
Completed Actions
728. SOURCE-SPECIFIC FEDERAL
IMPLEMENTATION PLAN FOR
NAVAJO GENERATING STATION;
NAVAJO NATION
Priority: Substantive, Nonsignificant
Legal Authority: CAA 30l(d)
CFR Citation: 49 CFR 123
Legal Deadline: None
Abstract: EPA is finalizing a Federal
Implementation Plan to regulate
emissions from the Navajo Generating
Station. The plant was previously
complying with emissions limits in the
Arizona State Implementation Plans.
However, EPA's promulgation of the
Tribal Authority Rule clarified that
State air quality regulations generally
could not be extended to facilities
located on the reservation. This FIP
establishes federally enforceable
emissions limitations for sulfur dioxide,
TSP, and opacity, and a requirement
for control measures for dust.
Timetable:
Action
NPRM
NPRM Comment
Period End
Notice
NPRM 2
NPRM 2 Comment
Period End
Final Action
Date FR Cite
09/08/99 64 FR 48725
10/08/99
01/26/00 65 FR 4244
09/12/06 71 FR 53639
11/06/06
03/05/10 75 FR 101 74
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Tribal
Additional Information: SAN No. 4315;
EPA publication information: NPRM 2
- http://www.epa.gov/fedrgstr/ EPA-
AIR/2006/ September/Day-
12/al5086.htm; Formerly listed as RIN
2060-AI79; EPA Docket information:
epa-r09-oar-2006-0185.
Agency Contact: Sarvy Mahdavi,
Environmental Protection Agency,
Regional Office San Francisco, AIR2,
Washington, DC 20460
Phone: 415 972-3173
Fax: 415 947-3537
Email: mahdavi.sarvy@epa.gov
Colleen McKaughan, Environmental
Protection Agency, Regional Office San
Francisco, AIRl, Washington, DC 20460
Phone: 520 498-0118
Fax:520 498-1333
Email:
mckaughan.colleen@epamail.epa.gov
RIN: 2009-AAOO
729. PREVENTION OF SIGNIFICANT
DETERIORATION OF AIR QUALITY:
PERMIT APPLICATION REVIEW
PROCEDURES FOR NON-FEDERAL
CLASS I AREAS
Priority: Other Significant
Legal Authority: 42 USC 7670 to 7479;
CAA 160 to 169
CFR Citation: 40 CFR 51.166; 40 CFR
52.21
Legal Deadline: None
Abstract: Due to considerations of
competing priorities and demands for
resources, the Agency has decided not
to pursue this project.
Timetable:
Action
Date
FR Cite
ANPRM
ANPRM Comment
Period End
Withdrawn
05/16/97 62 FR 27158
08/14/97
02/24/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 3919.
Agency Contact: Darrel Harmon,
Environmental Protection Agency, Air
and Radiation, 6101A, Washington, DC
20460
Phone: 202 564-7416
Fax: 202 501-1153
Email: harmon.darrel@epamail.epa.gov
RIN: 2060-AH01
730. REVIEW OF THE PRIMARY
NATIONAL AMBIENT AIR QUALITY
STANDARD FOR NITROGEN DIOXIDE
Priority: Economically Significant.
Major under 5 USC 801.
Legal Authority: 42 USC 7408; 42 USC
7409
CFR Citation: 40 CFR 50
79
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Spring 2010 Semiannual Regulatory Agenda
EPA—Clean Air Act
Completed Actions
Legal Deadline: NPRM, Judicial, June
26, 2009.
Final, Judicial, January 22, 2010.
Abstract: Under the Clean Air Act,
EPA is required to review and, if
appropriate, revise the air quality
criteria for the primary (health-based)
and secondary (welfare-based) national
ambient air quality standards (NAAQS)
every 5 years. On October 8, 1996, EPA
published a final rule not to revise
either the primary or secondary
NAAQS for nitrogen dioxide (NO2).
That action provided the
Administrator's final determination,
after careful evaluation of comments
received on the October 1995 proposal,
that revisions to neither the primary
nor the secondary NAAQS for NO2
were appropriate at that time. On
December 9, 2005, EPA's Office of
Research and Development initiated the
current periodic review of NO2 air
quality criteria, the scientific basis for
the NAAQS, with a call for information
in the Federal Register. Subsequently,
the decision was made to separate the
reviews of the primary and secondary
NO2 standards, and to combine the
NO2 secondary-standard review with
the secondary-standard review of sulfur
dioxide (SO2) due to their linkage in
terms of effects and atmospheric
chemistry. That joint review of the SO2
and NO2 secondary standards is part
of a separate regulatory action
described elsewhere in this Regulatory
Plan under the identifying number RIN-
2060-AO72. The regulatory action
described here is for the Agency's
review of the primary NO2 NAAQS.
This includes the preparation of an
Integrated Science Assessment,
Risk/Exposure Assessment, and a
Policy Assessment Document by EPA,
with opportunities for review by EPA's
Clean Air Scientific Advisory
Committee and the public. These
documents inform the Administrator's
proposed decision as to whether to
retain or revise the standards. On July
15, 2009, a proposed rule was
published that would establish a new,
short-term (1-hour) standard in the
range of 80 to 100 parts per billion.
This action included a proposal to
revise the NO2 monitoring network to
include monitors near major roadways.
On January 22, 2010, a final rule was
signed by the Administrator. This final
rule establishes a new, short-term (1-
hour) standard with a level of 100 parts
per billion and revises the NO2
monitoring network to include
monitors near major roadways.
Timetable:
Action
Date
FR Cite
NPRM
NPRM Comment
Period End
Final Action
07/15/09 74 FR 34403
09/14/09
02/09/10 75 FR 6473
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No. 5111;
EPA publication information: NPRM -
http://edocket.access.gpo.gov/2009/pdf/
E9-15944.pdf; EPA Docket information:
EPA-HQ-OAR-2006-0922.
URL For More Information:
www.epa.gov/air/nitrogenoxides
Agency Contact: Scott Jenkins,
Environmental Protection Agency, Air
and Radiation, C445-01, RTF, NC
27711
Phone: 919 541-1167
Email: jenkins.scott@epa.gov
Karen Martin, Environmental Protection
Agency, Air and Radiation, C504-06,
Research Triangle Park, NC 27711
Phone: 919 541-5274
Fax: 919 541-0237
Email: martin.karen@epamail.epa.gov
RIN: 2060-AO19
731. RECONSIDERATION OF 2008
FINAL IMPLEMENTATION RULE FOR
PM2.5 NSR: STAY OF EFFECTIVE
DATE FOR GRANDFATHERING
PROVISIONS
Priority: Other Significant
Legal Authority: 42 USC 7410; 42 USC
7501 et seq; 42 USC 7601(a)(l)
CFR Citation: 40 CFR 51.166; 40 CFR
52.21
Legal Deadline: None
Abstract: EPA is extending the existing
3-month administrative stay of the
grandfathering provision for PM2.5
contained in the Federal Prevention of
Significant Deterioration (PSD)
program. The Federal PSD program at
40 CFR 52.21 was amended to add the
grandfathering provision as part of the
May 16, 2008 final rule entitled,
"Implementation of the New Source
Review (NSR) Program for Particulate
Matter Less Than 2.5 Micrometers
(PM2.5)." The existing administrative
stay was made in response to a
February 10, 2009, petition for
reconsideration and request for
administrative stay by the Natural
Resources Defense Council (NRDC) and
Sierra Club. In a letter dated April 24,
2009, we responded to the petitioners
agreeing to reconsider four specific
provisions of the May 2009 final rule
and to propose repealing the
grandfathering provision for PM2.5 that
is currently under a 3-month
administrative stay. The extension of
the administrative stay that we are
finalizing will provide us with
sufficient time to subsequently propose,
take public comment on, and take final
action on a repeal of the grandfathering
provision for PM2.5 in the Federal PSD
program as agreed to in the April 24
letter.
Timetable:
Action
Date
FR Cite
Final Action; Grant of 06/01/09 74 FR 26098
Reconsideration
and Stay of
Regulation
NPRM 07/23/09 74 FR 36427
NPRM Comment 08/24/09
Period End
Final Action 09/22/09 74 FR 48153
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No.
4752.3; EPA publication information:
Final Action; Split from RIN 2060-
AN86. Split from RIN 2060-AK74; EPA
Docket information: EPA-HQ-OAR-
2003-0062.
URL For More Information:
wf\vwr.epa.gov/nsr
Agency Contact: Dan Deroeck,
Environmental Protection Agency, Air
and Radiation, C504-03, RTF, NC
27711
Phone: 919 541-5593
Fax: 919 685-3009
Email: deroeck.dan@epamail.epa.gov
Raj Rao, Environmental Protection
Agency, Air and Radiation, C504-03,
RTF, NC 27711
Phone: 919 541-5344
Fax: 919 541-5509
Email: rao.raj@epamail.epa.gov
RIN: 2060-AP65
80
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Spring 2010 Semiannual Regulatory Agenda
EPA—Clean Air Act
Completed Actions
732. NESHAP: AREA SOURCE
STANDARDS—CHEMICAL
PREPARATIONS INDUSTRY
Priority: Other Significant
Legal Authority: CAA 112
CFR Citation: 40 CFR 63
Legal Deadline: Final, Judicial,
December 16, 2009, Court ordered
deadline (area source standards).
Abstract: Section 112 (k) of the Clean
Air Act requires the development of
standards for area sources that account
for 90 percent of the emissions in urban
areas of the 30 urban hazardous air
pollutants (HAP) listed in the
Integrated Urban Air Toxics Strategy.
The Integrated Urban Air Toxics
Strategy lists chemical preparations as
an area source category.
Timetable:
Action
NPRM
NPRM Comment
Period End
Final Action
Date FR Cite
08/05/09 74 FR 3901 3
09/04/09
12/30/09 74 FR 69 194
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 5015;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/ EPA-
AIR/2009/August/Day-05/al8537.pdf;
EPA Docket information: EPA-HQ-OAR-
2009-0028.
Agency Contact: Warren Johnson,
Environmental Protection Agency, Air
and Radiation, C304-05, Research
Triangle Park, NC 27711
Phone: 919 541-5124
Fax: 919 541-0242
Email: Johnson.warren@epa.gov
Chebryll Edwards, Environmental
Protection Agency, Air and Radiation,
C304-05, Research Triangle Park, NC
27711
Phone: 919 541-5428
Fax: 919 541-0242
Email: edwards.chebryll@epa.gov
RIN: 2060-AN46
733. NATIONAL EMISSION
STANDARDS FOR HAZARDOUS AIR
POLLUTANTS: AREA SOURCE
STANDARDS FOR PAINTS AND
ALLIED PRODUCTS
MANUFACTURING—TECHNICAL
AMENDMENTS
Priority: Info./Admin./Other
Legal Authority: Clean Air Act sec 112
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: Section 112 (k) of the Clean
Air Act requires the development of
standards for area sources that account
for 90 percent of the emissions in urban
areas of the 30 urban hazardous air
pollutants (HAP) listed in the
Integrated Urban Air Toxics Strategy.
The Integrated Urban Air Toxics
Strategy lists paints and allied products
manufacturing as an area source
category. This action makes technical
corrections (paragraph renumbering and
minor editorial corrections) to the
regulatory text of the Paints and Allied
Products Manufacturing area sources
final rule.
Timetable:
734. NESHAP: AREA SOURCE
STANDARDS—ASPHALT
PROCESSING AND ASPHALT
ROOFING MANUFACTURING
Priority: Other Significant
Legal Authority: Clean Air Act sec 112
CFR Citation: 40 CFR 63
Legal Deadline: Final, Judicial,
November 16, 2009, Court ordered
deadline (area source standards).
Abstract: Section 112 (k) of the Clean
Air Act requires the development of
standards for area sources that account
for 90 percent of the emissions in urban
areas of the 30 urban hazardous air
pollutants (HAP) listed in the
Integrated Urban Air Toxics Strategy.
The Integrated Urban Air Toxics
Strategy lists asphalt processing and
asphalt roofing manufacturing as an
area source category.
Timetable:
Action
Date FR Cite
NPRM
NPRM Comment
Period End
Final Action
07/09/09 74 FR 32822
08/10/09
12/02/09 74 FR 63236
Action
Final Action
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
03/05/10 75 FR 10184 Government Levels Affected: None
Date
FR Cite
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No.
5016.1; EPA publication information:
NPRM - http://www.epa.gov/fedrgstr/
EPA-AIR/2009/June/Day-01/al2563.pdf;
Split from RIN 2060-AN47; EPA Docket
information: EPA-HQ-OAR-2 008-005 3.
Agency Contact: Melissa Payne,
Environmental Protection Agency, Air
and Radiation, C404-05, RTF, NC
27711
Phone: 919 541-3609
Fax: 919 541-0242
Email: payne.melissa@epa.gov
Chebryll Edwards, Environmental
Protection Agency, Air and Radiation,
C304-05, Research Triangle Park, NC
27711
Phone: 919 541-5428
Fax: 919 541-0242
Email: edwards.chebryll@epa.gov
RIN: 2060-AN47
Additional Information: SAN No. 5191;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/ EPA-
AIR/2009/July/Day-09/al6260.pdf; EPA
Docket information: EPA-HQ-OAR-
2009-0027.
Agency Contact: Warren Johnson,
Environmental Protection Agency, Air
and Radiation, C304-05, Research
Triangle Park, NC 27711
Phone: 919 541-5124
Fax: 919 541-0242
Email: johnson.warren@epa.gov
Chebryll Edwards, Environmental
Protection Agency, Air and Radiation,
C304-05, Research Triangle Park, NC
27711
Phone: 919 541-5428
Fax: 919 541-0242
Email: edwards.chebryll@epa.gov
RIN: 2060-AO94
735. NESHAP: AREA SOURCE
STANDARDS—PREPARED (ANIMAL)
FEEDS MANUFACTURING
Priority: Other Significant
Legal Authority: CAA 112
81
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Spring 2010 Semiannual Regulatory Agenda
EPA—Clean Air Act
Completed Actions
CFR Citation: 40 CFR 63
Legal Deadline: Final, Judicial,
December 16, 2009, Court ordered
deadline (area source standards).
Abstract: Section 112 (k) of the Clean
Air Act requires the development of
standards for area sources that account
for 90 percent of the emissions in urban
areas of the 30 urban hazardous air
pollutants (HAP) listed in the
Integrated Urban Air Toxics Strategy.
The Integrated Urban Air Toxics
Strategy lists prepared feeds
manufacturing as an area source
category.
Timetable:
Action
Date FR Cite
NPRM
NPRM Comment
Period End
Final Action
07/27/09 74 FR 36980
08/26/09
01/05/10 75FR522
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 5201;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/ EPA-
AIR/2009/July/Day-27/al7826.pdf; EPA
Docket information: EPA-HQ-OAR-
2008-0080.
Agency Contact: Jan King,
Environmental Protection Agency, Air
and Radiation, C404-05, Research
Triangle Park, NC 27711
Phone: 919 541-5665
Fax: 919 541-0242
Email: king.jan@epamail.epa.gov
Chebryll Edwards, Environmental
Protection Agency, Air and Radiation,
C304-05, Research Triangle Park, NC
27711
Phone: 919 541-5428
Fax: 919 541-0242
Email: edwards.chebryll@epa.gov
RIN: 2060-AO98
736. • NATIONAL EMISSION
STANDARDS FOR HAZARDOUS AIR
POLLUTANTS: AREA SOURCE
STANDARDS FOR ASPHALT
PROCESSING AND ASPHALT
ROOFING MANUFACTURING-
TECHNICAL AMENDMENT
Priority: Info./Admin./Other
Legal Authority: Clean Air Act sec 112
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: Section 112 (k) of the Clean
Air Act requires the development of
standards for area sources that account
for 90 percent of the emissions in urban
areas of the 30 urban hazardous air
pollutants (HAP) listed in the
Integrated Urban Air Toxics Strategy.
The Integrated Urban Air Toxics
Strategy lists asphalt processing and
asphalt roofing manufacturing as an
area source category. This action makes
technical corrections (paragraph
renumbering) to the regulatory text of
the Asphalt Processing and Asphalt
Roofing Manufacturing area source final
rule.
Timetable:
Action
Date FR Cite
Final Action
03/18/10 75 FR 12988
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No.
5191.1; EPA publication information:
NPRM - http://www.epa.gov/fedrgstr/
EPA-AIR/2009/July/Day-09/al6260.pdf;
Split from RIN 2060-AO94; EPA Docket
information: EPA-HQ-OAR-2009-0027.
Agency Contact: Warren Johnson,
Environmental Protection Agency, Air
and Radiation, C304-05, Research
Triangle Park, NC 27711
Phone: 919 541-5124
Fax: 919 541-0242
Email: Johnson.warren@epa.gov
Chebryll Edwards, Environmental
Protection Agency, Air and Radiation,
C304-05, Research Triangle Park, NC
27711
Phone: 919 541-5428
Fax: 919 541-0242
Email: edwards.chebryll@epa.gov
RIN: 2060-AQ22
737. HOSPITAL/MEDICAL/INFECTIOUS
WASTE INCINERATION UNITS-
RESPONSE TO REMAND
Priority: Other Significant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 60
Legal Deadline: Final, Judicial,
September 15, 2009, Consent Order.
Abstract: Under section 129 of the
Clean Air Act (CAA), EPA is required
to adopt and implement maximum
achievable control technology (MACT)
standards for both new and existing
hospital/medical/infectious waste
incineration units (HMIWI). Regulations
for HMIWI were promulgated on
September 15, 1997, and those
standards have been adopted and fully
implemented with all retrofits
completed. However, these regulations
were subsequently remanded by the
Court on March 2, 1999. The
fundamental issue leading to the
remand was the approach and
methodology used by EPA to develop
the HMIWI regulations. In effect, the
Court questioned whether the
regulations developed by EPA reflected
the actual emission performance of the
best controlled similar unit for new
HMIWI and the average of the best
performing 12 percent of units for
existing HMIWI, and remanded the
regulations to EPA for further
explanation of its reasoning in
determining the minimum regulatory
"floors" for new and existing HMIWI.
On February 6, 2007, EPA published
a proposal that responded to the
questions raised in the Court's remand
and also addressed the CAA section
129(a)(5) requirement that EPA review
and, if necessary, revise standards
developed under section 129 every 5
years. Recent Court decisions that
impact the February 2007 proposal, as
well as issues raised in the public
comments regarding that proposal,
necessitated a re-proposal, which was
issued in November 2008. This action
responds to the issues raised in the
Court's remand and also satisfies the
CAA section 129(a)(5) requirement to
conduct a review of the standards every
5 years.
Timetable:
Action
Date
FR Cite
02/06/07 72 FR 5510
04/09/07
Original NPRM
NPRM Comment
Period End
Supplemental NPRM 12/01/08 73 FR 72962
Supplemental NPRM 02/17/09
Comment Period
End
Final Action 10/06/09 74 FR 51368
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 5071;
EPA publication information: Original
NPRM - http://www.epa.gov/fedrgstr/
EPA-AIR/2007/February/Day-
06/al617.htm; NPRM is a re-proposal
82
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Spring 2010 Semiannual Regulatory Agenda
EPA—Clean Air Act
Completed Actions
of remand response; EPA Docket
information: EPA-HQ-OAR-2006-0534.
URL For More Information:
rihmiwi.html
Agency Contact: Ketan Patel,
Environmental Protection Agency, Air
and Radiation, E143-03, RTF, NC
27711
Phone: 919 541-9736
Fax: 919 541-3470
Email: patel.ketan@epamail.epa.gov
Amy Hambrick, Environmental
Protection Agency, Air and Radiation,
E143-03, RTF, NC 27711
Phone: 919 541-0964
Fax: 919 541-3470
Email: hambrick.amy@epamail.epa.gov
RIN: 2060-AO04
738. AIR QUALITY INDEX REPORTING
AND SIGNIFICANT HARM LEVEL FOR
PM2.5
Priority: Other Significant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 58.50; 40 CFR
58 app G; 40 CFR 51.150 subpart H
Legal Deadline: None
Abstract: EPA is withdrawing this
action in the regulatory agenda. Instead,
the Agency will propose revisions to
the Air Quality Index (AQI) and
propose to set a Significant Harm Level
(SHL) for PM2.5 in conjunction with
the PM NAAQS notice of proposed
rulemaking, which is scheduled to be
signed by the Administrator in
November 2010. Final action on the
AQI and SHL will be taken in
conjunction with the PM NAAQS final
rule scheduled to be signed in July
2011. Until there is a final rule in
place, State, local, and tribal agencies
should use appropriate guidance
documents.
Timetable:
Action
Date
FR Cite
Withdrawn 02/23/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No. 5115;
EPA Docket information: EPA-HQ-OAR-
2007-0195.
Agency Contact: Susan Stone,
Environmental Protection Agency, Air
and Radiation, C5 04-06, Research
Triangle Park, NC 27711
Phone: 919 541-1146
Fax: 919 541-0237
Email: stone.susan@epa.gov
Phil Lorang, Environmental Protection
Agency, Air and Radiation, C304-04,
Research Triangle Park, NC 27711
Phone: 919 541-5463
Email: lorang.phil@epa.gov
RIN: 2060-AOll
739. PROTECTION OF
STRATOSPHERIC OZONE: BAN ON
THE SALE OR DISTRIBUTION OF
PRE-CHARGED APPLIANCES
Priority: Other Significant
Legal Authority: 42 USC 7601; 42 USC
7671 to 7671q
CFR Citation: 40 CFR 82
Legal Deadline: None
Abstract: EPA is concerned with the
environmental impacts that could result
from the potential continued imports of
appliances pre-charged with HCFCs
after the domestic phaseout of the
import and production of bulk
substances. Similar concerns resulted
in the banning the imports of
refrigeration appliances pre-charged
with CFCs after the 1996 phaseout of
production and import of bulk
substances. Therefore, this rule bans
the import of HCFC pre-charged
products under the provisions within
title VI of CAAA.
Timetable:
Action
NPRM
NPRM Comment
Period End
Final Action
Date FR Cite
12/23/08 73 FR 78705
01/22/09
12/15/09 74 FR 66450
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
International Impacts: This regulatory
action will be likely to have
international trade and investment
effects, or otherwise be of international
interest.
Additional Information: SAN No. 5052;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/ EPA-
AIR/2008/December/Day-
23/a29999.pdf; EPA Docket
information: EPA-HQ-OAR-2007-0163.
URL For More Information:
www.epa.gov/ozone/title6/phaseout/
classtwo.html
Agency Contact: Julius Banks,
Environmental Protection Agency, Air
and Radiation, 6205J, Washington, DC
20460
Phone: 202 343-9870
Fax: 202 565-2155
Email: banks.julius@epamail.epa.gov
Cindy Newberg, Environmental
Protection Agency, Air and Radiation,
6205J, Washington, DC 20460
Phone: 202 343-9729
Email: newberg.cindy@epamail.epa.gov
RIN: 2060-AN58
740. CALIFORNIA GASOLINE
TECHNICAL CORRECTION
Priority: Info./Admin./Other
Legal Authority: 42 USC 7414; 42 USC
7521(1); 42 USC 7545; 42 USC 760l(a)
CFR Citation: 40 CFR 80.8l(a)
Legal Deadline: None
Abstract: This rule was intended to
correct final regulations which were
published in the Federal Register on
March 29, 2001 (66 FR 17230). The rule
was deemed unnecessary as the
obligated parties did not confront any
ambiguity in the definitions and terms
laid out in the original 2001
rulemaking.
Timetable:
Action
Date
FR Cite
Withdrawn 04/02/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4722.
Agency Contact: Christine Brunner,
Environmental Protection Agency, Air
and Radiation, AAHEBTC, Ann Arbor,
MI 48346
Phone: 734 214-4287
Email:
brunner. christine@ep amail. ep a.gov
John Hannon, Environmental Protection
Agency, Air and Radiation, 2344A,
Washington, DC 20460
Phone: 202 564-5563
Email: hannon.john@epamail.epa.gov
RIN: 2060-AK56
83
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Spring 2010 Semiannual Regulatory Agenda
EPA—Clean Air Act
Completed Actions
741. NESHAP: AREA SOURCE
STANDARDS FOR MISCELLANEOUS
CHEMICAL MANUFACTURING
Priority: Other Significant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63
Legal Deadline: Final, Judicial, October
16, 2009.
Abstract: This rule will regulate
hazardous air pollutant (HAP)
emissions from area sources in the
chemical manufacturing industry
pursuant to Clean Air Act section 112.
The rule will cover nine source
categories including the manufacturing
of organic chemicals (three categories),
inorganic chemicals, pharmaceuticals,
pesticides, inorganic pigments,
synthetic rubber, and plastic materials.
These source categories were listed for
regulation under the Clean Air Act
section 112 Urban Air Toxic Strategy
to address urban HAP emissions from
area sources. The rule establishes
emission standards in the form of
management practices as well as
emission limits for certain emission
points.
Timetable:
Action
Date FR Cite
NPRM
NPRM Comment
Period End
NPRM Comment
Period Extended
NPRM Comment
Period End
Final Action
10/06/08 73 FR 58352
11/05/08
11/20/08 73 FR 70289
01/05/09
10/29/09 74 FR 56008
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4874;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/ EPA-
AIR/2008/October/Day-06/a22518.pdf;
EPA Docket information:
http://www.regulations.gov/
fdmspublic/component/
main?main=DocketDetail&d=EPA-HQ-
OAR-2008-0334; Final -
http://www.epa.gov/fedrgstr/ EPA-
AIR/2009/October/Day-29/a25576.pdf.
URL For Public Comments:
www.regulations.gov/fdmspublic/
component/
main?main=DocketDetail&d=EPA-HQ-
OAR-2008-0334
Agency Contact: Randy McDonald,
Environmental Protection Agency, Air
and Radiation, E143-01, Research
Triangle Park, NC 27711
Phone: 919 541-5402
Fax: 919 541-0246
Email: mcdonald.randy@epa.gov
KG Hustvedt, Environmental Protection
Agency, Air and Radiation, E143-01,
Research Triangle Park, NC 27711
Phone: 919 541-5395
Email: hustvedt.ken@epa.gov
RIN: 2 060-AMI 9
742. FLEXIBLE AIR PERMIT RULE
Priority: Substantive, Nonsignificant
Legal Authority: Clean Air Act title V,
parts C and D
CFR Citation: 40 CFR 70 and 71
Legal Deadline: None
Abstract: This rule promulgated
changes to the State and Federal
operating permit regulations required
by title V of the Clean Air Act, and
clarify existing requirements governing
minor and major new source review
(NSR) in order to facilitate greater
consideration of flexible air permits
(FAPs). A FAP is an operating permit
that through its design facilitates
flexible operations at a source, allowing
the source to be market-responsive
while ensuring equal or greater
environmental protection than that
achieved by conventional permits. A
FAP cannot circumvent, modify, or
contravene any applicable requirement
and must assure compliance with each
requirement that is applicable, or
becomes applicable. FAPs could
potentially be used by a wide spectrum
of sources types, encompassing over 30
SICs.
Timetable:
URL For More Information:
Action
Date FR Cite
NPRM
NPRM Comment
Period End
Final Action
09/12/07 72 FR 52206
01/14/08
10/06/09 74 FR 51418
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No. 4885;
EPA publication information: NPRM -
http://www.regulations.gov/search/
Regs/home.htmlidocumentDetail?
R=0900006480284edf; EPA Docket
information: EPA-HQ-OAR-2004-0087.
Agency Contact: Mike Trutna,
Environmental Protection Agency, Air
and Radiation, C504-01, RTF, NC
27711
Phone: 919 541-5345
Fax: 919 541-4028
Email: trutna.mike@epa.gov
Anna Wood, Environmental Protection
Agency, Air and Radiation, 6103A,
Washington, DC 20004
Phone: 202 564-1664
RIN: 2060-AM45
743. REVISIONS TO THE DEFINITION
OF POTENTIAL TO EMIT (PTE)
Priority: Other Significant
Legal Authority: 42 USC 7401; 42 USC
7412; 42 USC 7414; 42 USC 7416; 42
USC 7601
CFR Citation: 40 CFR Part 51; 40 CFR
52; 40 CFR 63; 40 CFR 70; 40 CFR 71
Legal Deadline: None
Abstract: This action is being
withdrawn. EPA is not revising the
definition of the term "potential to
emit" (PTE) used in numerous
regulations to determine the
applicability of major source
requirements at this time.
Timetable:
Action
Date
FR Cite
Withdrawn
01/28/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5025.
Agency Contact: Grecia Castro,
Environmental Protection Agency, Air
and Radiation, C5 04-05, RTF, NC
27711
Phone: 919 541-1351
Fax: 919 541-5509
Email: castro.grecia@epamail.epa.gov
Juan Santiago, Environmental
Protection Agency, Air and Radiation,
C504-03, Research Triangle Park, NC
27711
Phone: 919 541-1084
Fax: 919 541-5509
Email: santiago.juan@epa.gov
RIN: 2060-AN65
84
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Spring 2010 Semiannual Regulatory Agenda
EPA—Clean Air Act
Completed Actions
744. RECONSIDERATION OF
STATIONARY COMBUSTION TURBINE
NSPS
Priority: Substantive, Nonsignificant
Legal Authority: CAA ill
CFR Citation: 40 CFR 60
Legal Deadline: None
Abstract: On March 20, 2009 (74 FR
11858), EPA promulgated, by direct
final rule, an amendment to 40 CFR
part 60, Subpart KKKK, addressing
issues regarding the SO2 limit for
turbines burning biogas (landfill gas,
etc). EPA also plans to issue a proposal
to reconsider several issues raised by
the utility air regulatory group (UARG)
on the original final rulemaking
published on July 6, 2006 (71 FR
38482). The primary issues raised in
the petition include the NOx standard
and the monitoring and reporting
requirements for owners/operators that
elect to install NOx GEMS.
Timetable:
Action
Date FR Cite
Direct Final Action— 03/20/09 74 FR 11858
Landfill Gas
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No. 5116;
EPA publication information: Direct
Final Action-Landfill Gas -
http://edocket.access.gpo.gov/
2009/pdf/E9-6163.pdf; EPA Docket
information: EPA-HQ-OAR-2004-0490.
Agency Contact: Christian Fellner,
Environmental Protection Agency, Air
and Radiation, D243-01, RTF, NC
27711
Phone: 919 541-4003
Fax: 919 541-5450
Email:
fellner.christian@epamail.epa.gov
Melanie King, Environmental
Protection Agency, Air and Radiation,
D243-01, RTF, NC 27711
Phone: 919 541-2469
Email: king.melanie@epamail.epa.gov
RIN: 2060-AO23
745. FUEL ECONOMY REGULATIONS
FOR AUTOMOBILES: TECHNICAL
AMENDMENTS AND CORRECTIONS
Priority: Other Significant
Legal Authority: 49 USC 32901 et seq
CFR Citation: 40 CFR 600
Legal Deadline: None
Abstract: This action amends and
corrects portions of the Environmental
Protection Agency's (EPA) existing fuel
economy regulations, located at 40 CFR
part 600. There are two reasons for this
action. First, some minor corrections
and amendments are needed to correct
portions of EPA's final rule for fuel
economy labeling requirements for cars
and light trucks (71 FR 77872, Dec. 27,
2006). Second, the Department of
Transportation finalized new average
fuel economy standards for light trucks
on April 6, 2006 (71 FR 77872). This
rule amended the existing DOT
regulations at 49 CFR parts 523, 533,
and 537, by adding new definitions,
setting new fuel economy standards for
light trucks, and amending some
reporting requirements. In order for
DOT to execute its new requirements,
DOT's regulations rely on EPA to
reference the new definitions and
collect the new information from
automobile manufacturers. This action
will accomplish those tasks. These
changes do not change the existing EPA
test procedures or calculation methods
for average fuel economy.
Timetable:
Action
NPRM
Direct Final Action
NPRM Comment
Period End
Date FR Cite
11/25/09 74 FR 61 600
11/25/09 74 FR 61 537
1 2/28/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5124.
Agency Contact: David Good,
Environmental Protection Agency, Air
and Radiation, AAPTIG, Ann Arbor, MI
48105
Phone: 734 214-1450
Email: good.david@epamail.epa.gov
RIN: 2060-AO36
746. STANDARDS OF PERFORMANCE
FOR COAL PREPARATION PLANTS:
AMENDMENTS
Priority: Substantive, Nonsignificant
Legal Authority: CAA sec ill
CFR Citation: 40 CFR 60 subpart Y
Legal Deadline: Other, Judicial, May
15, 2009, We were required to sign the
final rule or complete a supplemental
proposal by May 15, 2009, and chose
to issue a suppl proposal.
Final, Judicial, September 26, 2009, As
per 11/16/2006 Consent Decree.
Modified on January 26, 2009.
Abstract: EPA entered into a consent
decree to propose amendments to the
coal preparation (subpart Y) new source
performance standards (NSPS) by April
16, 2008. The original consent decree
date for final action was April 16, 2009.
The consent decree was modified on
January 26, 2009, to amend the date
for final action to May 16, 2009, unless
we published a supplemental proposal.
If we decided to publish a
supplemental proposal, the deadline for
taking final action would be September
26, 2009. Proposed amendments were
published on April 28, 2008. A
supplemental proposal was published
on May 27, 2009.
No substantive amendments to subpart
Y have been completed since the rule
was originally finalized in 1976. The
supplemental action, which is based
largely on public comments received on
the April 2008 proposal, proposes to
(1) revise the PM emissions and opacity
limits included in the original proposal
for thermal dryers, pneumatic coal-
cleaning equipment, and coal-handling
equipment; (2) expand the applicability
of the thermal dryer standards to apply
to both direct and indirect contact
thermal dryers drying all coal ranks
and pneumatic coal-cleaning equipment
cleaning all coal ranks; (3) establish a
sulfur dioxide (SO2) emission limit and
a combined nitrogen oxide (NOx) and
carbon monoxide (CO) emissions limit
for thermal dryers; (4) establish work
practice standards to control coal dust
emissions from open storage piles and
roadways associated with coal
preparation plants; and (5) revise the
definition of coal, for subpart Y
purposes, to include petroleum coke
and coal refuse.
Timetable:
Action
Date
FR Cite
04/28/08 73 FR 22901
06/10/08 73 FR 32667
06/12/08
NPRM
NPRM Comment
Period Extended
NPRM Comment
Period End
NPRM Comment 07/14/08
Period Extended To
Supplemental NPRM 05/27/09 74 FR 25304
85
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Spring 2010 Semiannual Regulatory Agenda
EPA—Clean Air Act
Completed Actions
Action
Date FR Cite
Supplemental NPRM
Comment Period
End
Final Action
07/13/09
10/08/09 74 FR 51950
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5144;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/ EPA-
AIR/2008/April/Day-28/a9104.pdf; EPA
Docket information: EPA—HQ—OAR—
2008—0260.
Agency Contact: Mary Johnson,
Environmental Protection Agency, Air
and Radiation, D243-01, RTF, NC
27711
Phone: 919 541-5025
Fax: 919 541-5450
Email: johnson.mary@epa.gov
Bill Maxwell, Environmental Protection
Agency, Air and Radiation, D243-01,
RTF, NC 27711
Phone: 919 541-5430
Fax: 919 541-5450
Email: maxwell.bill@epamail.epa.gov
RIN: 2060-AO57
747. PROTECTION OF
STRATOSPHERIC OZONE:
ADJUSTMENTS TO THE ALLOWANCE
SYSTEM FOR CONTROLLING HCFC
PRODUCTION, IMPORT, AND EXPORT
Priority: Other Significant
Legal Authority: 42 USC 7414; 42 USC
7601; 42 USC 7671 to 7671q
CFR Citation: 40 CFR 82
Legal Deadline: None
Abstract: This action adjusted the
allowance system that controls the U.S.
consumption and production of ozone-
depleting substances (ODSs) known as
hydrochlorofluorocarbons (HCFCs) to
lower the amount of available
allowances. While much less
destructive to stratospheric ozone than
chlorofluorocarbons (CFCs), HCFCs
contribute to ozone depletion and
alternatives are generally available. The
HCFC allowance system is part of
EPA's program to reduce the emissions
of ODSs to protect the stratospheric
ozone layer. Protection of the
stratospheric ozone layer helps reduce
rates of skin cancer and cataracts. The
U.S. is obligated under the Montreal
Protocol on Substances that Deplete the
Ozone Layer to limit HCFC
consumption and production in a
stepwise fashion achieving specific
levels by specific dates. The first major
reduction occurred January 1, 2004.
This rulemaking implemented the next
major milestone, a reduction to 75
percent below the production and
consumption baselines beginning
January 1, 2010.
Timetable:
Action
Date FR Cite
NPRM
NPRM Comment
Period End
Final Action
12/23/08 73 FR 78680
02/23/09
12/15/09 74 FR 66411
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
International Impacts: This regulatory
action will be likely to have
international trade and investment
effects, or otherwise be of international
interest.
Additional Information: SAN No. 5224;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/ EPA-
AIR/2008/ December/Day -
23/a29965.pdf; EPA Docket
information: EPA-HQ-OAR-2 008-0496.
URL For More Information:
www.epa.gov/ozone/title6/phaseout/
classtwo.html
Agency Contact: Jeremy Arling,
Environmental Protection Agency, Air
and Radiation, 6205J, Washington, DC
20460
Phone: 202 343-9055
Fax: 202 343-2338
Email: arling.jeremy@epamail.epa.gov
Staci Gatica, Environmental Protection
Agency, Air and Radiation, 6205J,
Washington, DC 20460
Phone: 202 343-9469
Email: gatica.staci@epamail.epa.gov
RIN: 2060-AO76
748. RENEWABLE FUELS STANDARD
PROGRAM
Priority: Economically Significant.
Major under 5 USC 801.
Unfunded Mandates: This action may
affect the private sector under PL 104-
4.
Legal Authority: Clean Air Act sec
CFR Citation: 40 CFR 80; 40 CFR 86
Legal Deadline: Final, Statutory,
December 19, 2008.
Abstract: This rulemaking will
implement provisions in title II of the
2007 Energy Independence and
Security Act (EISA) that amend section
211(o) of the Clean Air Act. The
amendments revise the National
Renewable Fuels Standard Program in
the United States, increasing the
national requirement to a total of 36
billion gallons of total renewable fuel
in 2022. Application of the new
standards now apply to diesel fuel
producers in addition to gasoline
producers and to nonroad fuels in
addition to highway fuels. The new
requirements also establish new
renewable fuel categories and specific
volume standards for cellulosic and
advanced renewable fuels, biomass
based diesel and total renewable fuels.
Further, the amendments establish new
eligibility requirements for meeting the
renewable fuel standards including
application of a specific definition for
biomass, restrictions on what land
feedstocks can come from and establish
minimum lifecycle greenhouse gas
reduction thresholds for the various
categories of renewable fuels.
Timetable:
Action
Date FR Cite
05/26/09 74 FR 24903
07/07/09 74 FR 32091
07/27/09
NPRM
NPRM Comment
Period Extended
NPRM Comment
Period End
NPRM Comment 09/25/09
Period Extended To
Final Action 03/26/10 75 FR 14670
Regulatory Flexibility Analysis
Required: Yes
Small Entities Affected: Businesses
Government Levels Affected: None
International Impacts: This regulatory
action will be likely to have
international trade and investment
effects, or otherwise be of international
interest.
Additional Information: SAN No. 5250;
EPA publication information: NPRM -
http://edocket.access.gpo.gov/2009/pdf/
E9-10978.pdf; EPA Docket information:
EPA—HQ—OAR—2005—0161.
URL For More Information:
www.epa.gov/otaq/fuels/
renewablefuels/index.htm
86
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Spring 2010 Semiannual Regulatory Agenda
EPA—Clean Air Act
Completed Actions
Agency Contact: Paul Argyropoulos,
Environmental Protection Agency, Air
and Radiation, 6520J ARM, Washington,
DC 20460
Phone: 202 564-1123
Fax: 202 564-1686
Email: argyropoulos.paul@epa.gov
David Korotney, Environmental
Protection Agency, Air and Radiation,
AAFC, Ann Arbor, MI 48105
Phone: 734 214-4507
Email: korotney.david@epamail.epa.gov
RIN: 2060-AO81
749. PROTOCOLS FOR MONITORING
AND MEASURING MERCURY
EMISSIONS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 to 7601
CFR Citation: 40 CFR 60
Legal Deadline: None
Abstract: This action is no longer
needed because the contemplated items
have been resolved as the result of
recent regulatory activities.
Timetable:
Action
Date FR Cite
Withdrawn
01/29/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State
Additional Information: SAN No. 5289
Agency Contact: William Grimley,
Environmental Protection Agency, Air
and Radiation, E143-02, Research
Triangle Park, NC 27711
Phone: 919 541-1065
Fax: 919 541-0516
Email:
grimley.william@epamail.epa.gov
Robin Segall, Environmental Protection
Agency, Air and Radiation, EW143-02,
Research Triangle Park, NC 27711
Phone: 919 541-0893
Fax: 919 541-0516
Email: segall.robin@epamail.epa.gov
RIN: 2060-AP31
750. NATIONAL EMISSION
STANDARDS FOR HAZARDOUS AIR
POLLUTANTS FOR RECIPROCATING
INTERNAL COMBUSTION ENGINES-
COMPRESSION IGNITION
Priority: Economically Significant.
Major under 5 USC 801.
Legal Authority: 42 USC 7412(d)
CFR Citation: 40 CFR 63
Legal Deadline: NPRM, Judicial,
February 25, 2009, Consent decree for
NESHAP for non—emergency stationary
diesel engines 300 HP or greater.
Final, Judicial, February 17, 2010,
Consent decree for NESHAP for
non-emergency stationary diesel
engines 300 HP or greater.
Abstract: This final rule will establish
national emission standards for
hazardous air pollutants (NESHAP) for
existing stationary reciprocating
internal combustion engines (RICE).
This action will establish NESHAP for
existing stationary compression ignition
(diesel) RICE that are located at both
major sources and area sources of
hazardous air pollutant (HAP)
emissions. EPA has previously
promulgated NESHAP for new
stationary RICE located at major
sources of HAP emissions, existing
stationary spark ignition (gas-fired)
engines that have a site rating of greater
than 500 brake hp and are located at
major sources of HAP emissions, and
new stationary RICE located at area
sources of HAP emissions.
Timetable:
Action
Date FR Cite
03/05/09 74 FR 9698
04/14/09 74 FR 17130
05/04/09
NPRM
NPRM Comment
Period Extended
NPRM Comment
Period End
NPRM Comment 06/03/09
Period Extended To
Final Action—Cl 03/03/10 75 FR 9647
Engines
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 5300;
EPA publication information: NPRM -
http://edocket.access.gpo.gov/2009/pdf/
E9-4595.pdf; EPA Docket information:
EPA-HQ-OAR-2008-0708.
Agency Contact: Melanie King,
Environmental Protection Agency, Air
and Radiation, D243-01, RTF, NC
27711
Phone: 919 541-2469
Email: king.melanie@epamail.epa.gov
Robert Wayland, Environmental
Protection Agency, Air and Radiation,
D243-01, RTF, NC 27711
Phone: 919 541-1045
Fax: 919 541-5450
Email:
wayland.robertj@epamail.epa.gov
RIN: 2060-AP36
751. REGULATION OF FUELS AND
FUEL ADDITIVES: FEDERAL
VOLATILITY CONTROL PROGRAM IN
THE
DENVER-BOULDER-GREELEY-FT.
COLLINS-LOVELAND, CO, 8-HOUR
OZONE NONATTAINMENT AREA
Priority: Substantive, Nonsignificant
Legal Authority: CAA sec 2ll(h)
CFR Citation: 40 CFR 80
Legal Deadline: None
Abstract: EPA is proposing to establish
an applicable standard of 7.8 pounds
per square inch (psi) Reid Vapor
Pressure (RVP) under the federal
volatility control program in the
Denver-Boulder-Greeley-Ft. Collins-
Loveland, Colorado, 8-hour ozone
nonattainment area during the summer
ozone control season—June 1 to
September 15 of each year. This action
would require the use of 7.8 psi RVP
gasoline in Adams, Arapahoe, Boulder,
Broomfield, Denver, Douglas and
Jefferson counties, and in portions of
Larimer and Weld counties. EPA is
proposing to take this action to align
the Federal volatility requirements with
the Denver nonattainment area
boundaries under the 1997 8-hour
ozone standard.
Timetable:
Action
Date FR Cite
NPRM
NPRM Comment
Period End
Final Action
08/24/09 74 FR 42619
09/23/09
03/01/10 75 FR 9107
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Additional Information: SAN 5307;
NPRM - http://www.epa.gov/fedrgstr/
EPA-AIR/ 2009/August/Day-
24/a20290.pdf.
Agency Contact: Sean Hillson,
Environmental Protection Agency, Air
87
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Spring 2010 Semiannual Regulatory Agenda
EPA—Clean Air Act
Completed Actions
and Radiation, AASMCG, Ann Arbor,
MI 48105
Phone: 734 214-4789
Fax: 734 214-4052
Email: hillson.sean@epamail.epa.gov
Kurt Gustafson, Environmental
Protection Agency, Air and Radiation,
6406J, Washington, DC 20460
Phone: 202 343-9219
Fax: 202 343-2800
Email: gustafson.kurt@epa.gov
RIN: 2060-AP40
752. NATIONAL EMISSION
STANDARDS FOR HAZARDOUS AIR
POLLUTANTS FOR AREA SOURCES:
ELECTRIC ARC FURNACE
STEELMAKING FACILITIES;
AMENDMENTS
Priority: Other Significant
Legal Authority: Clean Air Act section
112
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: This action will no longer go
forward, it is being withdrawn.
The amendments to the area source
standards for electric arc furnace
steelmaking facilities clarify
applicability of the opacity limit, make
the performance test requirements for
particulate matter consistent with
requirements in the new source
performance standards for electric arc
furnace steelmaking facilities, allow
title V test data to be used to
demonstrate compliance, and revise the
definition of "scrap provider" to
include electric arc furnace steelmaking
facilities that own and operate a scrap
shredder.
Timetable:
Action
Date FR Cite
NPRM
Direct Final Action
NPRM Comment
Period End
Withdrawl of Direct
Final
Withdrawn
12/01/08 73 FR 72756
12/01/08 73 FR 72727
12/31/08
02/26/09 74 FR 8756
02/04/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No.
4889.1; EPA publication information:
NPRM - http://www.epa.gov/fedrgstr/
EPA-AIR/2008/ December/Day -
01/a28456.pdf; Split from RIN 2060-
AM71; EPA Docket information: OAR-
2004-0083.
Agency Contact: Donna Jones,
Environmental Protection Agency, Air
and Radiation, D243-02, RTF, NC
27709
Phone: 919 541-5251
Fax: 919 541-3207
Email: jones.donnalee@epa.gov
Steve Fruh, Environmental Protection
Agency, Air and Radiation, D243-02,
Research Triangle Park, NC 27711
Phone: 919 541-2837
Fax: 919 541-4991
Email: fruh.steve@epamail.epa.gov
RIN: 2060-AP44
753. STAY OF CAIR AND CAIR FIP
FOR MINNESOTA
Priority: Info./Admin./Other
Legal Authority: 23 USC 101; 42 USC
7401 to 7671q
CFR Citation: 40 CFR 51 and 52
Legal Deadline: None
Abstract: This action stayed the
effectiveness, for the State of Minnesota
only, of two final rules issued by EPA
under section 110 of the Clean Air Act
(CAA) related to the interstate transport
of pollutants: (1) The May 12, 2005,
Clean Air Interstate Rule (CAIR), and
(2) the April 28, 2006, CAIR federal
implementation plan (FIP). The D.C.
Circuit Court of Appeals held that EPA,
in the CAIR and the CAIR FIP, had not
properly addressed possible errors in
ECU emissions for certain EGUs in
Minnesota. This action stayed the
effectiveness of these two rules, with
respect to sources in Minnesota only,
while EPA conducts a rulemaking
addressing this issue and its impact on
the inclusion of Minnesota in the CAIR.
Timetable:
Action
Date FR Cite
NPRM
NPRM Comment
Period End
Final Action
05/12/09 74 FR 22147
06/11/09
11/03/09 74 FR 56721
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5323;
EPA publication information: NPRM -
http://www.regulations.gov/search/
Regs/home.htmlidocumentDetail?
R=090000648098ae7c; Final Action -
http://www.regulations.gov/search/
Regs/home. htmlidocumentDetail?
R=0900006480a4ffOa; EPA Docket
information: EPA-HQ-OAR-2009-0021.
Agency Contact: Tim Smith,
Environmental Protection Agency, Air
and Radiation, C539-04, RTF, NC
27711
Phone: 919 541-4718
Fax: 919 541-5489
Email: smith.tim@epamail.epa.gov
Rhea Jones, Environmental Protection
Agency, Air and Radiation, C539-04,
RTF, NC 27709
Phone: 919 541-2940
Fax: 919 541-0824
Email: jones.rhea@epa.gov
RIN: 2060-AP46
754. ENDANGERMENT AND CAUSE
OR CONTRIBUTE FINDINGS FOR
GREENHOUSE GASES
Priority: Other Significant
Legal Authority: 42 USC 752l(a)
CFR Citation: None
Legal Deadline: None
Abstract: On December 7, 2009, the
Administrator signed two distinct
findings regarding greenhouse gases
under section 202(a) of the Clean Air
Act. The Administrator found that the
current and projected concentrations of
the six key well-mixed greenhouse
gases—carbon dioxide (CO2), methane
(CH4), nitrous oxide (N2O),
hydrofluorocarbons (HFCs),
perfluorocarbons (PFCs), and sulfur
hexafluoride (SF6)—in the atmosphere
threaten the public health and welfare
of current and future generations. The
Administrator also found that the
combined emissions of these well-
mixed greenhouse gases from new
motor vehicles and new motor vehicle
engines contribute to the greenhouse
gas pollution which threatens public
health and welfare. These findings did
not themselves impose any
requirements on industry or other
entities. However, this action is a
prerequisite to finalizing the EPA's
proposed greenhouse gas emission
standards for light-duty vehicles, which
were jointly proposed by EPA and the
Department of Transportation's
National Highway Safety
Administration on September 15, 2009.
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Spring 2010 Semiannual Regulatory Agenda
EPA—Clean Air Act
Completed Actions
Timetable:
Action
Date FR Cite
NPRM
NPRM Comment
Period End
Final Action
04/24/09 74 FR 18886
06/23/09
12/15/09 74 FR 66495
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5335;
EPA publication information: Proposal
- http://www.epa.gov/fedrgstr/ EPA-
AIR/2009/April/Day-24/a9339.pdf;
Also published as RDM 2060-ZA14; EPA
Docket information: EPA-HQ-OAR-
2009-0171.
URL For More Information:
www.epa.gov/climatechange/
endangerment. html
Agency Contact: Rona Birnbaum,
Environmental Protection Agency, Air
and Radiation, 6207J, Washington, DC
20460
Phone: 202 343-2202
Fax: 202 565-2140
Email: birnbaum.rona@epamail.epa.gov
Ben DeAngelo, Environmental
Protection Agency, Air and Radiation,
6207J, Washington, DC 20460
Phone: 202 343-9107
Email: deangelo.ben@epamail.epa.gov
RIN: 2060-AP55
755. NESHAP STANDARD
STANDARDS FOR PETROLEUM
REFINERIES—WASTEWATER
Priority: Substantive, Nonsignificant
Legal Authority: CAA sec H2(f)(2);
CAA 112(d)(6); CAA 112(d)(2) & (3)
CFR Citation: 40 CFR 63 (Revision)
Legal Deadline: None
Abstract: Under the Clean Air Act
(CAA) section 112 (d)(6), EPA is
required to review standards issued
under section 112 and to revise them
no less frequently than every 8 years.
EPA also must evaluate the Maximum
Achievable Control technology (MACT)
standards within 8 years and
promulgate standards under section 112
(f)(2) if required to provide an ample
margin of safety. EPA is also required
to conduct review of our new source
performance standards under section
111 every 8 years. We are currently
reviewing our existing standards and
also the underlying rules that are often
referenced by these standards, such as
the Benzene Waste Operations
NESHAP. As a result of this review,
we have noted the need to consolidate
rule requirements, and to update
control requirements based on the risk
and technology reviews under both
section 112 and 111. Additionally, we
recognize that most chemical and
refinery sector operations have similar
emission sources that are often required
to be controlled to the similar levels
by the same type of control devices and
work practice standards, although on a
piecemeal fashion such that the
requirements may differ slightly from
source to source without any tangible
environmental benefits. We are
therefore developing a limited number
of rules (standards) that are consistent
and that can be applied to numerous
sources in the chemicals and refining
sector. This effort will consist of
developing the wastewater standard,
including developing control options to
address technology review under both
112 and 111, addressing the control of
VOC, HAP, and other pollutants, as
appropriate, estimating the impacts of
regulatory options, emission reductions,
impacts on risk, costs, cost
effectiveness, and economic impacts for
the refining and chemicals sector.
Timetable:
Action
Date
FR Cite
Withdrawn
02/04/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No.
5093.4; EPA publication information:
Supplemental NPRM -
http://www.epa.gov/fedrgstr/ EPA-
AIR/2008/ November/Day -
10/a26403.pdf; Split from RIN 2060-
AO55; Split from RIN 2060-AN85.
Agency Contact: Bob Lucas,
Environmental Protection Agency, Air
and Radiation, E143-01, RTF, NC
27709
Phone: 919 541-0884
Fax: 919 541-0246
Email: lucas.bob@epamail.epa.gov
Ken Hustvedt, Environmental
Protection Agency, Air and Radiation,
E143-01, RTF, NC 27711
Phone: 919 541-5395
Fax: 919 685-3200
Email: hustvedt.ken@epamail.epa.gov
RIN: 2060-AP70
756. RECONSIDERATION OF
PREVENTION OF SIGNIFICANT
DETERIORATION (PSD) AND
NONATTAINMENT NEW SOURCE
REVIEW (NSR): RECONSIDERATION
OF INCLUSION OF FUGITIVE
EMISSIONS
Priority: Substantive, Nonsignificant
Legal Authority: Clean Air Act title I
CFR Citation: 40 CFR 51 and 52
Legal Deadline: Final, Statutory, March
31, 2010, Stay Extension Expires.
Abstract: This action is putting in
place an additional 18 month stay.
Through a letter signed on April 24,
2009, EPA granted reconsideration on
a petition submitted by National
Resources Defense Council (NRDC),
with respect to the final rule titled,
"Prevention of Significant Deterioration
(PSD) and Nonattainment New Source
Review (NSR): Reconsideration of
Inclusion of Fugitive Emissions,"
published on December 19, 2008 (73
FR 77881). In addition to granting
reconsideration, EPA granted an
administrative stay of the rule. Having
found that the petition raised objections
to the December 2008 final rule
provision that arose after the comment
period and that are of central relevance
to the rule, EPA granted the petition
for reconsideration and administrative
stay in the April 24, 2009, letter
responding to the February 17, 2009
petition submitted by the NRDC. In
addition to the notice about the stay
(75 FR 6823), EPA will publish a notice
in the Federal Register establishing a
comment period and opportunity for a
public hearing for the reconsideration
proceeding. The petition for
reconsideration and request for
administrative stay can be found in the
docket for the December 2008 rule. The
EPA considered the petition for
reconsideration and request for stay,
along with information contained in the
rulemaking docket, in reaching a
decision on both the reconsideration
and the stay.
Timetable:
Action
Date
FR Cite
NPRM—Additional
Stay
NPRM Comment
Period End
02/11/10 75 FR 6823
03/15/10
89
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Spring 2010 Semiannual Regulatory Agenda
EPA—Clean Air Act
Completed Actions
Action
Date FR Cite
FinalAction— 03/31/10 75 FR 16012
Additional Stay
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No.
4940.1; Split from RIN 2060-AM91;
EPA Docket information: EPA-HQ-OAR-
2004-0014.
URL For More Information:
Agency Contact: Carrie Wheeler,
Environmental Protection Agency, Air
and Radiation, C504-03, Research
Triangle Park, NC 27711
Phone: 919 541-9771
Fax: 919 541-4028
Email: wheeler.carrie@epamail.epa.gov
Juan Santiago, Environmental
Protection Agency, Air and Radiation,
C504-03, Research Triangle Park, NC
27711
Phone: 919 541-1084
Fax: 919 541-5509
Email: santiago.juan@epa.gov
RIN: 2060-AP73
757. NESHAP STANDARD
STANDARDS FOR PETROLEUM
REFINERIES— EQUIPMENT LEAKS
Priority: Other Significant
Legal Authority: CAA sec H2(f)(2);
CAA 112(d)(6); CAA 112(d)(2) and (3)
CFR Citation: 40 CFR 63 (Revision)
Legal Deadline: None
Abstract: The action entitled "Residual
Risk Standards for Petroleum
Refineries — Equipment Leaks" has been
subsumed into the new rulemaking
"National Emission Standards for
Hazardous Air Pollutant Emissions:
Group I Polymers and Resins and
Marine Vessel Loading Operations (Risk
and Technology Review)" (RIN 2060-
AP95).
Timetable:
Action
Date
FR Cite
Withdrawn 01/19/10
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No.
5093.5; EPA publication information:
Supplemental NPRM -
http://www.epa.gov/fedrgsfr/ EPA-
AIR/2008/ November/Day -
10/a26403.pdf; Split from RIN 2060-
AP70. Split from RIN 2060-AO55. Split
from RIN 2060-AN85.
Agency Contact: Bob Lucas,
Environmental Protection Agency, Air
and Radiation, E143-01, RTF, NC
27709
Phone: 919 541-0884
Fax: 919 541-0246
Email: lucas.bob@epamail.epa.gov
Ken Hustvedt, Environmental
Protection Agency, Air and Radiation,
E143-01, RTF, NC 27711
Phone: 919 541-5395
Fax: 919 685-3200
Email: hustvedt.ken@epamail.epa.gov
RIN: 2060-AP81
758. NESHAP STANDARD
STANDARDS FOR PETROLEUM
REFINERIES—PROCESS VENTS AND
CONTROL DEVICES
Priority: Other Significant
Legal Authority: CAA sec H2(f)(2);
CAA 112(d)(6); CAA 112(d)(2) and (3)
CFR Citation: 40 CFR 63 (Revision)
Legal Deadline: None
Abstract: The action entitled "Residual
Risk Standards for Petroleum
Refineries—Process Vents and Control
Devices" has been subsumed into the
new rulemaking "National Emission
Standards for Hazardous Air Pollutant
Emissions: Group I Polymers and
Resins and Marine Vessel Loading
Operations (Risk and Technology
Review)" (RIN 2060-AP95).
Timetable:
Action
Date FR Cite
Withdrawn
01/19/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No.
5093.6; EPA publication information:
Supplemental NPRM -
http://www.epa.gov/fedrgsfr/ EPA-
AIR/2008/ November/Day -
10/a26403.pdf; Split from RIN 2060-
AP70. Split from RIN 2060-AO55. Split
from RIN 2060-AN85.
Agency Contact: Bob Lucas,
Environmental Protection Agency, Air
and Radiation, E143-01, RTF, NC
27709
Phone: 919 541-0884
Fax: 919 541-0246
Email: lucas.bob@epamail.epa.gov
Ken Hustvedt, Environmental
Protection Agency, Air and Radiation,
E143-01, RTF, NC 27711
Phone: 919 541-5395
Fax: 919 685-3200
Email: hustvedt.ken@epamail.epa.gov
RIN: 2060-AP82
759. NESHAP STANDARD
STANDARDS FOR PETROLEUM
REFINERIES—STORAGE VESSELS
AND TRANSFER OPERATIONS
Priority: Other Significant
Legal Authority: CAA sec H2(f)(2);
CAA 112(d)(6); CAA 112(d)(2) and (3)
CFR Citation: 40 CFR 63 (Revision)
Legal Deadline: None
Abstract: The action entitled "Residual
Risk Standards for Petroleum
Refineries—Storage Vessels and
Transfer Operations" has been
subsumed into the new rulemaking
"National Emission Standards for
Hazardous Air Pollutant Emissions:
Group I Polymers and Resins and
Marine Vessel Loading Operations (Risk
and Technology Review)" (RIN 2060-
AP95).
Timetable:
Action
Date FR Cite
Withdrawn
01/19/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No.
5093.7; EPA publication information:
Supplemental NPRM -
http://www.epa.gov/fedrgstr/ EPA-
AIR/2008/ November/Day-
10/a26403.pdf; Split from RIN 2060-
AP70. Split from RIN 2060-AO55. Split
from RIN 2060-AN85.
Agency Contact: Bob Lucas,
Environmental Protection Agency, Air
and Radiation, E143-01, RTF, NC
27709
Phone: 919 541-0884
Fax: 919 541-0246
Email: lucas.bob@epamail.epa.gov
90
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Spring 2010 Semiannual Regulatory Agenda
EPA—Clean Air Act
Completed Actions
Ken Hustvedt, Environmental
Protection Agency, Air and Radiation,
E143-01, RTF, NC 27711
Phone: 919 541-5395
Fax: 919 685-3200
Email: hustvedt.ken@epamail.epa.gov
RIN: 2060-AP83
760. INTERPRETATION OF
REGULATIONS THAT DETERMINE
POLLUTANTS COVERED BY THE
CLEAN AIR ACT PERMITTING
PROGRAMS
Priority: Other Significant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 52.21
Legal Deadline: None
Abstract: This action concerns the
EPA's interpretation of the regulatory
phrase "subject to regulation" as it
applies to the federal Prevention of
Significant Deterioration (PSD) program
(more specifically, in 40 CFR
52.21(b)(50)). At issue is a December
18, 2008, memorandum, titled "EPA's
Interpretation of Regulations that
Determine Pollutants Covered By
Federal Prevention of Significant
Deterioration (PSD) Permit Program,"
which specified that a pollutant is only
"subject to regulation" when its
emissions are actually controlled or
limited under a provision of the Clean
Air Act (CAA) or a final EPA rule
issued under the authority of the CAA.
Following issuance of the memo, EPA
received a petition for reconsideration
from the Sierra Club and several other
organizations. The petitioners argued
that EPA's issuance of the Memo
violated the procedural requirements of
the Administrative Procedures Act and
the CAA, and the Memo's
interpretation conflicted with prior
agency actions. On February 17, 2009,
the Administrator granted
reconsideration on the December 18,
2008, memorandum in order to allow
for public comment on the issues raised
in the Memo and in a related decision
of the Environmental Appeals Board
(EAB). Thus, EPA is conducting a
reconsideration proceeding to review
and take public comment on the proper
interpretation of this regulatory phrase.
Timetable:
Action
Date
FR Cite
NPRM
NPRM Comment
Period End
Final Action
10/07/09 74 FR 51535
12/07/09
04/02/10 75 FR 17004
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No. 5377;
EPA publication information: NPRM -
http://www.regulations.gov/search
/Regs/home.htmlidocumentDetail?
R=0900006480a3d8b4; EPA Docket
information: EPA-HQ-OAR-2009-0597.
URL For More Information:
wf\vwr.epa.gov/nsr/
Agency Contact: Dave Svendsgaard,
Environmental Protection Agency, Air
and Radiation, C504-03, RTF, NC
27711
Phone: 919 541-2380
Fax: 919 541-5509
Email:
svendsgaard.dave@epamail.epa.gov
Raj Rao, Environmental Protection
Agency, Air and Radiation, C504-03,
RTF, NC 27711
Phone: 919 541-5344
Fax: 919 541-5509
Email: rao.raj@epamail.epa.gov
RIN: 2060-AP87
Environmental Protection Agency (EPA)
Atomic Energy Act
Proposed Rule Stage
761. TECHNICAL CHANGE TO DOSE
METHODOLOGY
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 2021 Atomic
Energy Act of 1954; Reorganization
Plan No. 3 of 1970; Nuclear Waste
Policy Act of 1982
CFR Citation: 40 CFR 190(B); 40 CFR
Legal Deadline: None
Abstract: The purpose of this action is
to make a technical change to the dose
methodology used in subpart A of 40
CFR 191, entitled Environmental
Radiation Protection Standards for the
Management and Disposal of Spent
Nuclear Fuel, High-Level Waste and
Transuranic Waste. The current
methodology is outdated. The dose
methodology used in the rule published
on September 19, 1985, was based on
the target organ approach
recommended by the International
Commission on Radiological Protection
(ICRP) in Report No. 2. Since that time
science has progressed and a new
methodology based on an effective dose
equivalent approach is currently being
recommended by the ICRP in Report
No. 26. This action would propose
updating the 40 CFR 191, subpart A
dose limits published in 1985 from the
target organ to the state-of-the-art
effective dose equivalent system. There
would be no change in the level of
protection, just the scientific
methodology for determining
compliance with the levels of
protection established in 1985.
Timetable:
Action
Date FR Cite
NPRM
11/00/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No. 4003.
Agency Contact: Ray Clark,
Environmental Protection Agency, Air
and Radiation, 6608J, Washington, DC
20460
Phone: 202 343-9198
Fax: 202 343-2065
Email: clark.ray@epamail.epa.gov
RIN: 2060-AH90
91
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Spring 2010 Semiannual Regulatory Agenda
Environmental Protection Agency (EPA)
Atomic Energy Act
Long-Term Actions
762. REVISION OF HEALTH AND
ENVIRONMENTAL PROTECTION
STANDARDS FOR URANIUM AND
THORIUM MILL TAILINGS AND
URANIUM IN SITU LEACHING
PROCESSING FACILITIES
Priority: Substantive, Nonsignificant
Unfunded Mandates: Undetermined
Legal Authority: 42 USC 2022, 2114;
Atomic Energy Act sec 275; UMTRCA
sec 206(a)
CFR Citation: 40 CFR 192
Legal Deadline: None
Abstract: EPA's regulations in 40 CFR
192 establish standards for protection
of the public health, safety, and
environment from radiological and
nonradiological hazards associated with
uranium ore processing, and disposal
of resulting waste materials. These
cross-media standards, which apply to
pollutant emissions and site restoration,
must be adopted by the Nuclear
Regulatory Commission, their
Agreement States, and the Department
of Energy. We propose to review all the
standards in the existing rule, revise
the regulations to take into account
significant changes in uranium industry
technologies and their potential
impacts to groundwater, recent
revisions in EPA drinking water
protection standards, judicial decisions
concerning the subject regulations, and
need for new radiological risk
assessments to take into account
unanticipated risks to the general
public and environment. New proposed
facilities proposed in states from
Virginia to Alaska, in addition to
ongoing regulatory efforts by the
Nuclear Regulatory Commission for
facility licensure and groundwater
protection in advance of concomitant
revised EPA standards, add to the
urgency of undertaking this effort.
Timetable:
Action
Date
FR Cite
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: Federal,
State, Tribal
Additional Information: SAN No. 5319
Agency Contact: Loren Setlow,
Environmental Protection Agency, Air
and Radiation, 6608J, Washington, DC
20460
Phone: 202 343-9445
Fax: 202 343-2304
Email: setlow.loren@epamail.epa.gov
Tom Peake, Environmental Protection
Agency, Air and Radiation, 6608J,
Washington, DC 20460
Phone: 202 343-9765
Fax: 202 343-2304
Email: peake.tom@epamail.epa.gov
RIN: 2060-AP43
NPRM
Final Action
05/00/12
To Be Determined
Environmental Protection Agency (EPA)
Atomic Energy Act
Completed Actions
763. ENVIRONMENTAL RADIATION
PROTECTION STANDARDS FOR THE
DISPOSAL OF LOW-ACTIVITY MIXED
RADIOACTIVE WASTE
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 2021 Atomic
Energy Act of 1954; Reorganization
Plan No. 3 of 1970; Nuclear Waste
Policy Act of 1982
CFR Citation: 40 CFR 193
Legal Deadline: None
Abstract: This rulemaking would
address the problem of disposal of low-
activity mixed radioactive wastes,
consisting of a chemically hazardous
component and low levels of
radioactivity. These wastes are
anticipated to arise in the commercial
sector from various sources. The
rulemaking is intended to increase
disposal options for these wastes and
offer a streamlined regulatory process
which melds hazardous chemical
protection and radioactivity protection
requirements while protecting public
health and safety. The rule would not
mandate a disposal method, but rather
would permit an alternative to existing
disposal methods. The U.S. Nuclear
Regulatory Commission is anticipated
to be the implementing Agency for the
application of this rule. An Advanced
Notice of Proposed Rulemaking was
issued in November 2003 to solicit
early public input on this issue.
EPA has decided to officially withdraw
this action. However, discussions
continue within EPA, with other
federal agencies, and with stakeholders
on possible future options (e.g., a
guidance document).
Timetable:
Action
Date
FR Cite
ANPRM
ANPRM Comment
Period End
Withdrawn
11/18/03 68 FR 65120
03/17/04
01/13/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4054;
EPA publication information: ANPRM
- http://www.epa.gov/fedrgstr/ EPA-
WASTE/2003/ November/Day-
18/f28651.htm; EPA Docket
information: EPA-HQ-OAR-2003-0095.
Agency Contact: Daniel Schultheisz,
Environmental Protection Agency, Air
and Radiation, 6608J, Washington, DC
20460
Phone: 202 343-9349
Fax: 202 343-2304
Email:
schultheisz.daniel@epamail.epa.gov
RIN: 2060-AH63
92
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Spring 2010 Semiannual Regulatory Agenda
Environmental Protection Agency (EPA)
Noise Control Act
Final Rule Stage
764. REVISION OF
HEARING-PROTECTOR
REGULATIONS
Priority: Substantive, Nonsignificant
Legal Authority: Noise Control Act of
1972 sec 8
CFR Citation: 40 CFR 211, subpart B
Legal Deadline: None
Abstract: EPA plans to undertake a
revision of its regulation at 40 CFR part
211, subpart B, regarding the labeling
of products that are sold wholly or in
part on the basis of their ability to
reduce the level of sound entering a
person's ears, typically referred to as
"Hearing Protectors." This action is
being taken under the authority of
section 8 of the Noise Control Act of
1972, which authorizes EPA to revise
the current compliance test
methodologies as necessary, and
incorporate new test methods and
rating schemes to address hearing
protector technologies that have
evolved since initial promulgation of
the regulation in 1979.
Timetable:
Action
Date
FR Cite
08/05/09 74 FR 39150
08/21/09 74 FR 42223
09/04/09
NPRM
NPRM Comment
Period Extended
NPRM Comment
Period End
NPRM Comment 11/04/09
Period Extended To
Final Action 09/00/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 5102;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/ EPA-
AIR/2009/August/Day-05/al8003.pdf;
EPA Docket information: EPA—HQ—
OAR—2003—0024.
Agency Contact: Ken Feith,
Environmental Protection Agency, Air
and Radiation, 6103, Washington, DC
20460
Phone: 202 564-1679
Fax: 202 564-1677
Email: feith.ken@epamail.epa.gov
Catrice Jefferson, Environmental
Protection Agency, Air and Radiation,
6103, Washington, DC 20460
Phone: 202 564-1668
Fax: 202 564-1677
Email:
jefferson.catrice@epamail.epa.gov
RIN: 2060-AO25
Environmental Protection Agency (EPA)
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
P re rule Stage
765. PESTICIDES; PUBLIC
AVAILABILITY OF IDENTITIES OF
INERT INGREDIENTS IN PESTICIDES
Priority: Other Significant
Legal Authority: 7 USC 136 et seq
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: In response to two petitions
under the Administrative Procedures
Act seeking disclosure of selected inert
ingredients on pesticide labels (based
on the hazard of that ingredient), EPA
is contemplating rulemaking to increase
public availability of both potentially
hazardous inert ingredients and of inert
ingredient identities in general. This
action would assist consumers and
users of pesticides in making informed
decisions and reduce the presence of
potentially hazardous ingredients in
pesticides.
EPA is considering various approaches,
including disclosure based on hazard
and broader disclosure of inert
ingredient identities.
Timetable:
Action
Date
FR Cite
ANPRM 12/23/09 74 FR 68215
ANPRM Comment 02/22/10
Period End
ANPRM Extension of 02/22/10 75FR7560
Comment Period
ANPRM Comment 04/23/10
Period Extended To
NPRM To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5385;
EPA publication information: ANPRM
- http://www.regulations.gov/search/
Regs/home.htmhdocketDetail? R=EPA-
HQ-OPP-2009-0635; EPA Docket
information: EPA-HQ-OPP-2009-0635.
URL For More Information:
wf\vwr.epa.gov/pesticides
Agency Contact: Cameo Smoot,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7506P, Washington,
DC 20460
Phone: 703 305-5454
Email: smoot.cameo@epa.gov
Rose Kyprianou, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7506P, Washington, DC
20460
Phone: 703 305-5354
Email: kyprianou.rose@epa.gov
RIN: 2070-AJ62
93
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Spring 2010 Semiannual Regulatory Agenda
Environmental Protection Agency (EPA)
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Proposed Rule Stage
766. PESTICIDES; DATA
REQUIREMENTS FOR
PLANT-INCORPORATED
PROTECTANTS (PIPS) AND CERTAIN
EXEMPTIONS FOR PIPS
Priority: Other Significant
Legal Authority: 7 USC 136 to I36y;
21 USC 346a
CFR Citation: 40 CFR 152, 158, and
174
Legal Deadline: None
Abstract: EPA will propose codifying
data requirements that specifically
address the registration data needs of
plant-incorporated protectants (PIPs).
These data requirements are intended
to provide EPA with data and other
information necessary for the
registration of a PIP or the issuance of
an experimental use permit for a PIP.
These requirements would improve the
Agency's ability to make regulatory
decisions about the human health and
environmental effects of these products.
By codifying data requirements specific
to PIPs, the regulated community
would have a better understanding of
and could better prepare for the PIP
registration process. This proposed rule
is one in a series of proposals to update
and clarify pesticide data requirements.
In general, pesticide data requirements
are codified in 40 CFR part 158, which
describes the minimum data and
information EPA typically requires to
support an application for pesticide
registration or amendment; support the
re-registration of a pesticide product;
support the maintenance of a pesticide
registration by means of the data call-
in process, e.g., as used in the
registration review program; or
establish or maintain a tolerance or
exemption from the requirements of a
tolerance for a pesticide chemical
residue. This part establishes general
policies and procedures associated with
the submission of data in support of
a pesticide regulatory action. It does
not, however, include study protocols,
methodology, or standards for
conducting or reporting test results; nor
does this part describe how the Agency
uses or evaluates the data and
information in its risk assessment and
risk management decisions, or the
regulatory determinations that may be
based upon the data. Also, EPA will
propose to exempt cisgenic PIPs from
registration to encourage research and
development of useful biotechnology
and reduce the number of PIPs seeking
registration. Cisgenic PIPs are formed
when genetic material is transferred,
using bioengineering technology,
between plants that could transfer the
genetic material naturally.
Timetable:
Action
Date FR Cite
NPRM 12/00/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No. 5005;
EPA Docket information: EPA-HQ-OPP-
2009-0499.
URL For More Information:
www.epa.gov/oppbppdl/biopesticides/
pips/index.htm
Agency Contact: Rose Kyprianou,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7506P, Washington,
DC 20460
Phone: 703 305-5354
Fax: 703 305-5884
Email: kyprianou.rose@epa.gov
Chris Wozniak, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 75IIP, Washington, DC
20460
Phone: 703 308-4043
Fax: 703 308-7026
Email: wozniak.chris@epa.gov
RIN: 2070-AJ27
767. PESTICIDES; SATISFACTION OF
DATA REQUIREMENTS; MINOR
REVISIONS TO THE PROCEDURES TO
ENSURE PROTECTION OF DATA
SUBMITTERS' RIGHTS
Priority: Substantive, Nonsignificant
Legal Authority: 7 USC I36a
CFR Citation: 40 CFR I52e
Legal Deadline: None
Abstract: This action will revise and
update EPA's existing regulations in 40
CFR part 152, subpart E. The proposal
will address changes to procedures for
the protection of exclusive use and data
compensation rights of individuals and
entities that submit data to the Agency
in support of a pesticide registration
decision (i.e., data submitters). The
revisions are to accommodate statutory
and procedural changes that have
occurred over the last 25 years since
issuance in 1984. The revisions would
simplify the procedures, reduce
burdens upon certain data submitters,
and make minor changes to clarify the
requirements.
Timetable:
Action
Date FR Cite
NPRM
04/00/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5382.
URL For More Information:
www.epa.gov/pesticides/registrationkit
Agency Contact: Cameo Smoot,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7506P, Washington,
DC 20460
Phone: 703 305-5454
Email: smoot.cameo@epa.gov
Jennifer Mclain, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7506P, Washington, DC
20460
Phone: 703 308-0293
Email: mclain.jennifer@epa.gov
RIN: 2070-AJ58
768. PESTICIDES; REGULATION TO
CLARIFY LABELING OF PESTICIDES
FOR EXPORT
Priority: Substantive, Nonsignificant
Legal Authority: 7 USC 136 to I36y
CFR Citation: 40 CFR 168.65
Legal Deadline: None
Abstract: EPA is developing this
proposed rule to clarify, restructure,
and add specificity to existing labeling
regulations for the export of
unregistered pesticide products and
devices. EPA is also considering a
minor new requirement for the labeling
of unregistered pesticide products and
devices shipped between
establishments operated by the same
producer to ensure that they are clearly
marked as unregistered products
intended for export in order to prevent
them from inadvertently entering the
U.S. market.
Timetable:
Action
Date
FR Cite
NPRM
01/00/11
94
-------
Spring 2010 Semiannual Regulatory Agenda
EPA—Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Proposed Rule Stage
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5358;
EPA Docket information: EPA-HQ-OPP-
2009-0607.
URL For More Information:
www.epa.gov/oppffeadl/international/
trade/index.htmlil7a
Agency Contact: Vera Au,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7506P, Washington,
DC 20460
Phone: 703 308-9069
Fax: 703 305-5884
Email: au.vera@epa.gov
Jennifer McLain, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7506P, Washington, DC
20460
Phone: 703 308-0293
Email: mclain.jennifer@epa.gov
RIN: 2070-AJ53
769. PESTICIDES; CLARIFYING
CHANGES TO LABELING
Priority: Substantive, Nonsignificant
Unfunded Mandates: Undetermined
Legal Authority: 7 USC 136 et seq
CFR Citation: 40 CFR 156
Legal Deadline: None
Abstract: EPA is planning a rulemaking
to make minor revisions to 40 CFR part
156, Labeling Requirements for
Pesticides and Devices. The purpose of
this effort is to update the structure of
the regulation and make several
clarifying changes. In addition to these
planned minor revisions, EPA will
solicit suggestions from stakeholders on
what the Agency might consider for
future changes to the labeling
regulations.
Timetable:
Action
Date FR Cite
NPRM 11/00/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5393.
URL For More Information:
www.epa.gov/pesticides/regulating/
labels/product-labels.htm
Agency Contact: Rame Cromwell,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7506P, Washington,
DC 20460
Phone: 703 308-9068
Fax: 703 305-5884
Email: cromwfell.rame@epa.gov
Rose Kyprianou, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7506P, Washington, DC
20460
Phone: 703 305-5354
Fax: 703 305-5884
Email: kyprianou.rose@epa.gov
RIN:2070-AJ61
770. REGULATIONS TO FACILITATE
COMPLIANCE WITH THE FEDERAL
INSECTICIDE, FUNGICIDE, AND
RODENTICIDE ACT BY PRODUCERS
OF PLANT-INCORPORATED
PROTECTANTS (PIPS)
Priority: Other Significant
Legal Authority: 7 USC 136 et seq
CFR Citation: 40 CFR 174; 40 CFR 152;
40 CFR 156; 40 CFR 167; 40 CFR 168;
40 CFR 169; 40 CFR 172
Legal Deadline: None
Abstract: Plant-Incorporated
Protectants (PIPs) are pesticidal
substances intended to be produced
and used in living plants and the
genetic material needed for their
production. EPA regulates PIPs under
Federal Insecticide, Fungicide and
Rodenticide Act (FIFRA) and the
Federal Food Drug and Cosmetic Act
(FFDCA), including issuing
experimental use permits and
commercial registrations. In 2001, EPA
published rules establishing much of
the current regulatory structure for
PIPs. This rulemaking effort is intended
to address the issues that were not
addressed in 2001, including defining
the nature of regulated production of
PIPs and associated issues such as
reporting, product labeling and record
keeping. The rule will affect those
persons who produce PIPs and is
expected to clarify the legal
requirements of their products at
various production phases, improving
their ability to conduct business. It is
expected to also improve the ability of
the EPA to identify and respond to
instances where there are potentially
significant violations. EPA also intends
to address activities that the Agency
does not believe warrant regulation and
will consider exempting those
activities, as appropriate, from FIFRA
in whole or in part.
Timetable:
Action
Date FR Cite
ANPRM
Notice of Public
Meeting
ANPRM Comment
Period Extended
ANPRM Comment
Period End
ANPRM Comment
Period Extended
NPRM
04/04/07 72 FR 16312
04/11/07 72 FR 18191
05/23/07 72 FR 28911
06/13/07
07/13/07
06/00/11
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State, Tribal
Additional Information: SAN No. 5082;
EPA publication information: ANPRM
- http://www.regulations.gov/search/
Regs/home. htmlidocumentDetail?
R=0900006480220026; EPA Docket
information: EPA-HQ-OPP-2006-1003.
URL For More Information:
www.epa.gov/pesticides/biopesticides/
pips/index.htm
Agency Contact: Stephen Howie,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7201M, Washington,
DC 20460
Phone: 202 564-4146
Fax: 202 564-8502
Email: howie.stephen@epa.gov
Elizabeth Milewski, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7201M, Washington, DC
20460
Phone: 202 564-8480
Fax: 202 564-8502
Email: milewfski.elizabeth@epa.gov
RIN: 2070-AJ32
771. PESTICIDES; DETERMINATION
OF STATUS OF PRIONS AS PESTS
Priority: Other Significant
Legal Authority: 7 USC 136; 7 USC
136w
CFR Citation: 40 CFR 152.5(d)
Legal Deadline: None
95
-------
Spring 2010 Semiannual Regulatory Agenda
EPA—Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Proposed Rule Stage
Abstract: In 2004, the Agency stated
that it considered prions (proteinaceous
infectious particles) to be a "pest"
under Federal Insecticide, Fungicide
and Rodenticide Act (FIFRA). A
product intended to inactivate, destroy
or mitigate prions on inanimate
surfaces (i.e., "prion product") is
considered to be a pesticide. Any
company seeking to distribute or sell
such a product is required to register
the product with EPA unless the
product is exempt from registration
requirements before it can be
distributed or sold in the United States.
Through this action, EPA is considering
expressly adding prions to the list of
pests in 40 CFR part 152, and
requirements related to product
performance (i.e., efficacy data), which
is required for each antimicrobial end-
use product for which public health
related claims are made. EPA believes
that regulating prion products will
protect human health and the
environment against unreasonable
adverse effects and ensures that such
products are effective.
Timetable:
Action
Date
FR Cite
NPRM 10/00/10
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State
Additional Information: SAN No. 4985.
URL For More Information:
www.epa.gov/pesticides
Agency Contact: Carlton Kempter,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7510P, Washington,
DC 20460
Phone: 703 305-5448
Fax: 703 308-6467
Email: kempter.carlton@epa.gov
Tajah Blackburn, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7510P, Washington, DC
20460
Phone: 703 308-0372
Email: blackburn.tajah@epa.gov
RIN: 2070-AJ26
772. REVISION OF PROCEDURAL
RULES FOR HEARINGS ON
CANCELLATIONS, SUSPENSIONS,
CHANGES IN CLASSIFICATIONS, AND
DENIALS OF PESTICIDE
REGISTRATIONS
Priority: Substantive, Nonsignificant
Legal Authority: 7 USC I36a(c) to
136a(d); 7 USC 136b(d) to 136b(f); 7
USC 136d(b) to 7 USC 136d(e); 7 USC
136w(a)
CFR Citation: 40 CFR 164 (Revision)
Legal Deadline: None
Abstract: EPA is preparing a revision
of the Rules of Practice governing the
conduct of licensing adjudications
under the Federal Insecticide,
Fungicide, and Rodenticide Act
(FIFRA). The existing Rules of Practice
were originally promulgated by EPA in
1973. In the subsequent 35 years,
Congress has substantially amended
FIFRA, creating a number of additional
types of licensing adjudications which
are not expressly provided for in the
existing Rules of Practice. In order to
include provisions tailored to these
new types of proceedings, and to
incorporate the standard practices
which have evolved and the precedents
which have been established since
these rules were first promulgated, EPA
intends to revise the FIFRA Rules of
Practice.
Timetable:
Action
Date FR Cite
NPRM
02/00/11
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4618;
Previous listed as RIN 2020-AA44.
Sectors Affected: 112 Animal
Production; 111 Crop Production;
32532 Pesticide and Other Agricultural
Chemical Manufacturing
Agency Contact: Scott Garrison,
Environmental Protection Agency,
Office of General Counsel, 2333A,
Washington, DC 20460
Phone: 202 564-4047
Fax: 202 564-5644
Email: garrison.scott@epamail.epa.gov
Robert Perlis, Environmental Protection
Agency, Office of General Counsel,
2333A, Washington, DC 20460
Phone: 202 564-5636
Fax: 202 564-5644
Email: perlis.robert@epamail.epa.gov
Related RIN: Previously reported as
2020-AA44
RIN: 2015-AAOO
Environmental Protection Agency (EPA)
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Final Rule Stage
773. PESTICIDES; EXPANSION OF
CROP GROUPING PROGRAM
Priority: Substantive, Nonsignificant
Legal Authority: 21 USC 346a
CFR Citation: 40 CFR 180
Legal Deadline: None
Abstract: EPA is revising the pesticide
crop grouping regulations to create new
crop groupings, add new subgroups,
and expand existing crop groups by
adding new commodities. The current
crop groupings allow EPA to establish
pesticide tolerances for multiple related
crops based upon data for a
representative set of crops. EPA expects
these revisions to promote greater use
of crop grouping for tolerance-setting
purposes and to facilitate the
availability of pesticides for minor crop
uses. The first revision in a series of
revisions to the crop grouping
regulations was finalized in December
2007. In January 2010, EPA proposed
the next revision to the crop grouping
regulations, involving a proposal to
create a new crop group and amend
three other crop groups.
Timetable:
Action
Date
FR Cite
NPRM1
NPRM 1 Comment
Period End
Final Action 1
Final Action 1;
Technical
Amendment
NPRM 2
NPRM 2 Comment
Period End
Final Action 2
05/23/07 72 FR 28920
07/23/07
12/07/07 72 FR 69150
01/02/08 73FR51
01/06/10 75FR807
03/08/10
01/00/11
96
-------
Spring 2010 Semiannual Regulatory Agenda
EPA—Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Final Rule Stage
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5031;
EPA publication information: NPRM 1
- http://www.epa.gov/fedrgstr/ EPA-
PEST/2007/May/Day-23/p9595.htm;
EPA Docket information: EPA-HQ-OPP-
2006-0766.
URL For More Information:
cfpubl.epa.gov/oppref/food feed/
index, cfm
Agency Contact: Rame Cromwell,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7506P, Washington,
DC 20460
Phone: 703 308-9068
Fax: 703 305-5884
Email: cromwfell.rame@epa.gov
Jennifer McLain, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7506P, Washington, DC
20460
Phone: 703 308-0293
Email: mclain.jennifer@epa.gov
RIN: 2070-AJ28
774. PLANT INCORPORATED
PROTECTANTS (PIPS); EXEMPTION
FOR THOSE DERIVED THROUGH
GENETIC ENGINEERING FROM
SEXUALLY COMPATIBLE PLANTS
Priority: Info./Admin./Other
Legal Authority: 7 USC 136 et seq; 21
USC 346a et seq
CFR Citation: 40 CFR 174
Legal Deadline: None
Abstract: EPA has determined that the
record for this action, which was
originally proposed in 1994, does not
address the scientific information
developed since the original proposal.
Consequently, the record would not
provide adequate, up-to-date support
for the proposed rule. In 1994, EPA
believed that the proposed exemption
for PIPs derived through genetic
engineering from plants sexually
compatible with the recipient plant had
the potential to cover a number of low-
risk products. However, experience in
the last decade has shown that such
PIPs have not been developed in great
numbers. If EPA were to pursue such
an exemption in the future, the Agency
would issue a new proposed rule. As
such, EPA is considering withdrawing
the 1994 proposal. Withdrawing the
1994 proposal does not preclude EPA's
pursuing the same approach in the
future. If withdrawn, the Agency would
create a new entry in the Regulatory
Agenda once the Agency decided to
pursue such a rulemaking in the future.
Timetable:
Action
Date
FR Cite
NPRM
Supplemental NPRM
1
Supplemental NPRM
1 Comment Period
End
Supplemental NPRM
2
Supplemental NPRM
2 Comment Period
End
Supplemental NPRM
3
Supplemental NPRM
3 Comment Period
End
Supplemental NPRM
4
Supplemental NPRM
4 Comment Period
End
Supplemental NPRM
5
Supplemental NPRM
5 Comment Period
End
Withdrawal of NPRM
11/23/94 59 FR 60496
07/22/96 61 FR 37891
08/21/96
05/16/97 62 FR 27132
06/16/97
04/23/99 64 FR 19958
05/24/99
07/19/01 66 FR 37855
08/20/01
08/20/01 66 FR 43552
09/19/01
04/00/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4611.
Sectors Affected: 111 Crop Production;
32532 Pesticide and Other Agricultural
Chemical Manufacturing; 54171
Research and Development in the
Physical Sciences and Engineering
Sciences
URL For More Information:
www.epa.gov/pesticides/biopesticides/
pips/index.htm
Agency Contact: Elizabeth Milewski,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7201M, Washington,
DC 20460
Phone: 202 564-8480
Fax: 202 564-8502
Email: milewfski.elizabeth@epa.gov
Keith Matthews, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7511P, Washington, DC
20460
Phone: 703 308-8712
Fax: 703 308-7026
Email: matthews. keith@epa.gov
RIN: 2070-AD55
775. PLANT INCORPORATED
PROTECTANTS (PIPS); EXEMPTION
FOR PIPS THAT ACT BY PRIMARILY
AFFECTING THE PLANT
Priority: Info./Admin./Other
Legal Authority: 7 USC 136 et seq; 21
USC 346a et seq
CFR Citation: 40 CFR 174
Legal Deadline: None
Abstract: EPA has determined that the
record for this action, which was
originally proposed in 1994, does not
address the scientific information
developed since the original proposal.
Consequently, the record would not
provide adequate, up-to-date support
for the proposed rule. In 1994, EPA
believed that the proposed exemption
for PIPs that act by primarily affecting
the plant had the potential to cover a
number of low-risk products. However,
experience in the last decade has
shown that such PIPs have not been
developed in great numbers. If EPA
were to pursue such an exemption in
the future, the Agency would issue a
new proposed rule. As such, EPA is
considering withdrawing the 1994
proposal. Withdrawing the 1994
proposal does not preclude EPA's
pursuing the same approach in the
future. If withdrawn, the Agency would
create a new entry in the Regulatory
Agenda once the Agency decided to
pursue such a rulemaking in the future.
Timetable:
Action
Date
FR Cite
NPRM Original
Supplemental NPRM
Supplemental NPRM
Comment Period
End
Supplemental NPRM
2
Supplemental NPRM
2 Comment Period
End
Supplemental NPRM
3
Supplemental NPRM
3 Comment Period
End
Supplemental NPRM
4
11/23/94 59 FR 60496
07/22/96 61 FR 37891
08/21/96
05/16/97 62 FR 27132
06/16/97
04/23/99 64 FR 19958
05/24/99
07/19/01 66 FR 37855
97
-------
Spring 2010 Semiannual Regulatory Agenda
EPA—Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Final Rule Stage
Action
Date
FR Cite
Supplemental NPRM 08/20/01
4 Comment Period
End
Withdrawal of NPRM 04/00/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4612.
Sectors Affected: 111 Crop Production;
32532 Pesticide and Other Agricultural
Chemical Manufacturing; 54171
Research and Development in the
Physical Sciences and Engineering
Sciences
URL For More Information:
www.epa.gov/pesticides/biopesticides/
pips/index.htm
Agency Contact: Elizabeth Milewski,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7201M, Washington,
DC 20460
Phone: 202 564-8480
Fax: 202 564-8502
Email: milewski.elizabeth@epa.gov
Keith Matthews, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7511P, Washington, DC
20460
Phone: 703 308-8712
Fax: 703 308-7026
Email: matthews. keith@epa.gov
RIN: 2070-AD56
776. GROUNDWATER AND PESTICIDE
MANAGEMENT PLAN RULE
Priority: Info./Admin./Other
Legal Authority: 7 USC I36(a) FIFRA
sec 3; 7 USC 136(w)
CFR Citation: 40 CFR 152.170
Legal Deadline: None
Abstract: As proposed, this regulation
would have established Pesticide
Management Plans (PMPs) as a new
regulatory requirement for certain
pesticides. Unless a State or tribal
authority had an EPA-approved Plan
specifying risk-reduction measures, use
of the chemical would be prohibited.
The rule would also specify procedures
and deadlines for development,
approval and modification of plans by
States and tribal authorities. Several
parameters of the program described in
the proposed rule were reconsidered to
determine whether the program could
address water quality issues rather than
ground-water only, and to determine
the best partnership approach to
implementation. During this period, the
risk level associated with the named
pesticides was reexamined and
reduced. Moreover, since the proposal
in 1996, many States have adopted the
original concept and framework of
Pesticide Management Plans and these
programs are operational today. This
experience and growth in knowledge
has exceeded the requirements and
specifications of the original proposal.
Accordingly, EPA intends to withdraw
the proposed rule in the near future.
Timetable:
Action
Date FR Cite
10/24/96
02/23/00 65 FR 8925
03/24/00 65 FR 15885
Action
Date
FR Cite
NPRM Comment
Period End
Notice; Metolachlor
Supplemental Notice
and Extension of
Comment Period
Supplemental NPRM 04/24/00
and Extension of
Comment Period
End
Withdrawal of NPRM 04/00/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 3222;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/ EPA-
PEST/1996/June/Day-26/pr-768.html.
Sectors Affected: 9241 Administration
of Environmental Quality Programs
Agency Contact: Charles Evans,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7506P, Washington,
DC 20460
Phone: 703 305-7199
Email: evans.charles@epa.gov
Rose Kyprianou, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7506P, Washington, DC
20460
Phone: 703 305-5354
Fax: 703 305-5884
Email: kyprianou.rose@epa.gov
NPRM
06/26/96 61 FR33259 RIN: 2070-AC46
Environmental Protection Agency (EPA)
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Long-Term Actions
777. PESTICIDE AGRICULTURAL
CONTAINER RECYCLING PROGRAM
Priority: Other Significant
Legal Authority: 7 USC 136 to I36y
CFR Citation: 40 CFR 165
Legal Deadline: None
Abstract: EPA is considering a
proposal to require registrants of
agricultural and professional specialty
pesticides to recycle certain plastic
containers. The proposed regulation
would protect human health and the
environment by reducing the risk of
unreasonable adverse effects to public
health and the environment that may
be associated with the improper
disposal of certain nonrefillable
pesticide containers and their
associated residues.
Timetable:
Action
Date
FR Cite
NPRM To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 5050;
EPA Docket information: EPA-HQ-OPP-
2006-0688.
Agency Contact: Jeanne Kasai,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7506P, Washington,
DC 20460
Phone: 703 308-3240
Fax: 703 308-2962
Email: kasai.jeanne@epa.gov
Nancy Fitz, Environmental Protection
Agency, Office of Prevention, Pesticides
98
-------
Spring 2010 Semiannual Regulatory Agenda
EPA—Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Long-Term Actions
and Toxic Substances, 7506P,
Washington, DC 20460
Phone: 703 308-7385
Fax: 703 308-2962
Email: fitz.nancy@epa.gov
RIN: 2070-AJ29
778. PESTICIDES; DATA
REQUIREMENTS FOR
ANTIMICROBIALS
Priority: Substantive, Nonsignificant
Legal Authority: 7 USC 136 to I36y
CFR Citation: 40 CFR 158 and 161
Legal Deadline: None
Abstract: EPA is updating and revising
its pesticide data requirements for
antimicrobial pesticide products. The
existing antimicrobial data
requirements are in 40 CFR part 161.
This action will revise the existing data
requirements to reflect current
regulatory and scientific standards. The
data requirements will cover all
scientific disciplines for antimicrobial
pesticides, including product chemistry
and residue chemistry, toxicology, and
environmental fate and effects. In
general, pesticide data requirements are
codified in 40 CFR part 158, which
describes the minimum data and
information EPA typically requires to
support an application for pesticide
registration or amendment; support the
maintenance of a pesticide registration
by means of the data call-in process,
e.g., as used in the registration review
program; or establish or maintain a
tolerance or exemption from the
requirements of a tolerance for a
pesticide chemical residue. This part
establishes general policies and
procedures associated with the
submission of data in support of a
pesticide regulatory action. It does not,
however, include study protocols,
methodology, or standards for
conducting or reporting test results; nor
does this part describe how the Agency
uses or evaluates the data and
information in its risk assessment and
risk management decisions, or the
regulatory determinations that may be
based upon the data. Once this
regulatory change takes effect, data
requirements for antimicrobial
pesticides will be set forth in subpart
W of 40 CFR part 158, and part 161
will be removed.
Timetable:
Action
Date FR Cite
NPRM Comment
Period End
Final Action
01/16/09
04/00/11
Action
Date
FR Cite
NPRM
10/08/08 73 FR 59381
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 4173;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/ EPA-
PEST/2 008/October/Day-08/p 2 312 7 .pdf;
EPA Docket information: EPA-HQ-OPP-
2008-0110.
Sectors Affected: 32519 Other Basic
Organic Chemical Manufacturing;
32551 Paint and Coating
Manufacturing; 32532 Pesticide and
Other Agricultural Chemical
Manufacturing; 32561 Soap and
Cleaning Compound Manufacturing
URL For More Information:
www.epa.gov/pesticides/regulating/
data.htm
Agency Contact: Kathryn Boyle,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7506P, Washington,
DC 20460
Phone: 703 305-6304
Fax: 703 305-5884
Email: boyle.kathryn@epa.gov
Jennifer McLain, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7506P, Washington, DC
20460
Phone: 703 308-0293
Email: mclain.jennifer@epa.gov
RIN: 2070-AD30
779. PESTICIDES; DATA
REQUIREMENTS FOR PRODUCT
PERFORMANCE
Priority: Substantive, Nonsignificant
Legal Authority: 7 USC !36-l36y
CFR Citation: 40 CFR 158, 156 and 152
Legal Deadline: None
Abstract: EPA will propose data
requirements that specifically address
the registration data needs of
invertebrate pesticide product
registrations as mandated by Federal
Insecticide, Fungicide and Rodenticide
Act (FIFRA). This rulemaking will
provide clarity, consistency, and
transparency. The pesticide data
requirements are codified in 40 CFR
Part 158, which describes the minimum
data and information EPA typically
requires to support an application for
pesticide registration or amendment;
support the registration review of a
pesticide product; support the
maintenance of a pesticide registration,
e.g., as in the registration review
program; or establish or maintain a
tolerance or exemption from the
requirements of a tolerance for a
pesticide chemical residue.
Timetable:
Action
Date FR Cite
NPRM
12/00/11
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No. 5331.
URL For More Information:
www.epa.gov/pesticides
Agency Contact: Candace Brassard,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7506P, Washington,
DC 20460
Phone: 703 305-6598
Fax: 703 305-5884
Email: brassard.candace@epa.gov
Amaris Johnson, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7506P, Washington, DC
20460
Phone: 703 305-9542
Fax: 703 305-5884
Email: johnson.amaris@epa.gov
RIN: 2070-AJ49
780. PESTICIDES; TOLERANCE
PROCESSING FEES
Priority: Other Significant
Legal Authority: 21 USC 346(a)
CFR Citation: 40 CFR 180; 40 CFR 178
Legal Deadline: None
Abstract: Section 408(m) of the Federal
Food, Drug, and Cosmetic Act (FFDCA)
was amended to require EPA to charge
tolerance fees that, in the aggregate,
will cover all costs associated with
processing tolerance actions, including
filing a tolerance petition, and
establishing, modifying, leaving in
effect, or revoking a tolerance or
tolerance exemption. EPA developed a
99
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Spring 2010 Semiannual Regulatory Agenda
EPA—Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Long-Term Actions
final rule that would have adjusted the
fee structure and fee amounts for
tolerance actions. A final rule
completed OMB review on December
31, 2003, but has not been issued
because the Consolidated
Appropriations Act of 2004, signed on
January 23, 2004, prohibited EPA from
collecting any tolerances fees until
September 30, 2008. This prohibition
was expanded in 2005 to include a
prohibition on using federal funding to
perform any work on a final tolerance
fee rulemaking. As such, no rulemaking
activities are currently planned. Most
recently, the prohibition was extended
yet again in 2007 when Congress
adopted the Pesticide Registration
Improvement Renewal Act. In that bill,
Congress extended the ban on assessing
tolerance fees through September 30,
2012.
Timetable:
Action
Date
FR Cite
06/09/99 64 FR 31039
09/07/99
NPRM
NPRM Comment
Period End
Supplemental NPRM 07/24/00 65 FR 45569
Supplemental NPRM 08/23/00
Comment Period
End
Supplemental NPRM 08/31/00 65 FR 52979
2
Supplemental NPRM 09/15/00
2 Comment Period
End
Final Action To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No. 4027;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/ EPA-
PEST/1999/June/Day-09/pl4477.htm.
Sectors Affected: 32532 Pesticide and
Other Agricultural Chemical
Manufacturing
URL For More Information:
www.epa.gov/pesticides/regulating/
fees/index.htm
Agency Contact: Lindsay Moose,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7501P, Washington,
DC 20460
Phone: 703 305-7108
Fax: 703 305-6244
Email: moose.lindsay@epa.gov
RIN: 2070-AJ23
781. PLANT INCORPORATED
PROTECTANTS (PIPS); EXEMPTION
FOR THOSE BASED ON VIRAL COAT
PROTEIN GENES
Priority: Substantive, Nonsignificant
Legal Authority: 21 USC 346(a) et seq;
7 USC 136 et seq
CFR Citation: 40 CFR 174
Legal Deadline: None
Abstract: EPA is considering the
addition of plant-incorporated
protectants based on viral coat protein
genes to its plant-incorporated
protectants exemptions at 40 CFR 174.
Substances which plants produce for
protection against pests, and the genetic
material necessary to produce them, are
pesticides under the Federal
Insecticide, Fungicide and Rodenticide
Act (FIFRA), if humans intend these
substances to "prevent, repel or
mitigate any pest." These substances
are also "pesticide chemical residues"
under the Federal Food, Drug, and
Cosmetic Act (FFDCA). The proposed
criteria were intended to clearly
identify and exempt only those
residues for which a long history of
safe exposure and consumption can
support exemption. EPA believes there
is a reasonable certainty that no harm
will result from aggregate exposure to
such residues, including all anticipated
dietary exposures and all other
exposures for which there is reliable
information. Therefore, EPA is
concurrently considering the exemption
of plant-incorporated protectants based
on viral coat protein genes from the
requirement of a tolerance under
section 408 of the FFDCA. Due to
public interest and new scientific
information, additional public comment
on this proposal (originally published
in 1994) was requested in 2001. After
considering public comment and
additional review by the Science
Advisory Panel, EPA issued a
reproposal in 2007.
Timetable:
Action
Date FR Cite
Action
Date FR Cite
NPRM Original 11/23/94 59 FR 60496
Supplemental NPRM 07/22/96 61 FR 37891
1
Supplemental NPRM 08/21/96
1 Comment Period
End
Supplemental NPRM 05/16/97 62 FR 27132
2
Supplemental NPRM 06/16/97
2 Comment Period
End
Supplemental NPRM 04/23/99 64 FR 19958
3
Supplemental NPRM 05/24/99
3 Comment Period
End
Supplemental NPRM 07/19/01 66 FR 37855
4
Supplemental NPRM 08/20/01
4 Comment Period
End
Reproposal 04/18/07 72 FR 19589
Final Action To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No. 4602;
EPA publication information:
Reproposal -
http://www.epa.gov/fedrgstr/ EPA-
PEST/2007/April/Day-18/p7297.htm;
EPA Docket information: EPA-HQ-OPP-
2006-0642.
Sectors Affected: 111 Crop Production;
32532 Pesticide and Other Agricultural
Chemical Manufacturing; 54171
Research and Development in the
Physical Sciences and Engineering
Sciences
URL For More Information:
www.epa.gov/pesticides/biopesticides/
pips/index.htm
Agency Contact: Kenneth Haymes,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7202M, Washington,
DC 20460
Phone: 202 564-0306
Fax: 202 564-8502
Email: haymes.kenneth@epa.gov
Tom McClintock, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7202M, Washington, DC
20460
Phone: 202 564-8488
Email: mcclintock.tom@epa.gov
RIN: 2070-AD49
782. PESTICIDES; COMPETENCY
STANDARDS FOR OCCUPATIONAL
USERS
Priority: Other Significant. Major status
under 5 USC 801 is undetermined.
Unfunded Mandates: Undetermined
Legal Authority: 7 USC 136; 7 USC
1361; 7 USC 136w
CFR Citation: 40 CFR 171; 40 CFR 156
100
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Spring 2010 Semiannual Regulatory Agenda
EPA—Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Long-Term Actions
Legal Deadline: None
Abstract: The EPA is proposing to
change the Federal regulations under
the Federal Insecticide, Fungicide and
Rodenticide Act (FIFRA) that guide the
certified pesticide applicator program
(40 CFR 171). Change is sought to
strengthen the regulations to better
protect pesticide applicators and the
public and the environment from harm
due to pesticide exposure. The possible
need for change arose from EPA
discussions with key stakeholders. EPA
has been in extensive discussions with
stakeholders since 1997 when the
Certification and Training Assessment
Group (CTAG) was established. CTAG
is a forum used by regulatory and
academic stakeholders to discuss the
current state of, and the need for
improvements in, the national certified
pesticide applicator program.
Throughout these extensive interactions
with stakeholders, EPA has learned of
the potential need for changes to the
regulation.
Timetable:
Action
Date
FR Cite
NPRM
07/00/11
Regulatory Flexibility Analysis
Required: Yes
Small Entities Affected: Businesses
Government Levels Affected: Federal,
Local, State, Tribal
Federalism: Undetermined
Additional Information: SAN No. 5007;
EPA Docket information: EPA-HQ-OPP-
2005-0561.
URL For More Information:
www.epa.gov/pesticides/health/
worker.htm
Agency Contact: Kathy Davis,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7506P, Washington,
DC 20460
Phone: 703 308-7002
Fax: 703 308-2962
Email: davis.kathy@epa.gov
Richard Pont, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7506P,
Washington, DC 20460
Phone: 703 305-6448
Fax: 703 308-2962
Email: pont.richard@epa.gov
RIN: 2070-AJ20
783. PESTICIDES; AGRICULTURAL
WORKER PROTECTION STANDARD
REVISIONS
Priority: Other Significant. Major status
under 5 USC 801 is undetermined.
Unfunded Mandates: Undetermined
Legal Authority: 7 USC 136; 7 USC
136w
CFR Citation: 40 CFR 170
Legal Deadline: None
Abstract: The EPA is developing a
proposal under the Federal Insecticide,
Fungicide and Rodenticide Act (FIFRA)
to revise the federal regulations guiding
agricultural worker protection (40 CFR
170). The changes under consideration
are intended to improve agricultural
workers' ability to protect themselves
from potential exposure to pesticides
and pesticide residues. In addition,
EPA is proposing to make adjustments
to improve and clarify current
requirements and facilitate
enforcement. Other changes sought are
to establish a right-to-know Hazard
Communication program and make
improvements to pesticide safety
training, with improved worker safety
the intended outcome. The potential
need for change arose from EPA
discussions with key stakeholders
beginning in 1996 and continuing
through 2004. EPA held nine public
meetings throughout the country during
which the public submitted written and
verbal comments on issues of their
concern. In 2000 through 2004, EPA
held meetings where invited
stakeholders identified their issues and
concerns with the regulations.
Timetable:
Action
Date
FR Cite
NPRM 07/00/11
Regulatory Flexibility Analysis
Required: Yes
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State, Tribal
Federalism: Undetermined
Additional Information: SAN No. 5006;
EPA Docket information: EPA-HQ-OPP-
2005-0561.
URL For More Information:
www.epa.gov/pesticides/health/
worker.htm
Agency Contact: Kathy Davis,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7506P, Washington,
DC 20460
Phone: 703 308-7002
Fax: 703 308-2962
Email: davis.kathy@epa.gov
Richard Pont, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7506P,
Washington, DC 20460
Phone: 703 305-6448
Fax: 703 308-2962
Email: pont.richard@epa.gov
RIN: 2070-AJ22
784. PESTICIDES; REGISTRATION
REQUIREMENTS FOR
ANTIMICROBIAL PESTICIDE
PRODUCTS
Priority: Substantive, Nonsignificant
Legal Authority: 7 USC I36a(h); 7 USC
I36(w)
CFR Citation: 40 CFR 152
Legal Deadline: None
Abstract: In 2001, EPA finalized
certain labeling regulations for
pesticide products, clarifications
regarding the application of Federal
Insecticide Fungicide and Rodenticide
Act (FIFRA) to nitrogen stabilizers, and
regulations that contain statutory
provisions excluding certain types of
products from regulation of pesticides.
These topics were part of the 1999
proposal concerning antimicrobial
products, and are being promulgated
separately for convenience. In
September 1999, EPA proposed
procedures for the registration of
antimicrobial products, including
labeling standards for antimicrobial
public health products to ensure that
these products are appropriately
labeled for the level of antimicrobial
activity they demonstrate. EPA also
proposed to modify its notification
process for antimicrobial products to
conform to the statutorily prescribed
process and to exempt certain
antimicrobial products from FIFRA
regulation. In November 1999, EPA
proposed procedures for the registration
of antimicrobial pesticides and
performance standards for public health
antimicrobial pesticides, as well as
other changes affecting all pesticide
products, including interpretation of
new provisions relating to nitrogen
stabilizers, and updating and
reorganization of human hazard
labeling requirements. After
considering public comments and an
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Spring 2010 Semiannual Regulatory Agenda
EPA—Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Long-Term Actions
extensive stakeholder dialogue, EPA
will determine next steps for this
action.
Timetable:
Action
Date FR Cite
NPRM
NPRM Comment
Period End
NPRM Extension of
Comment Period
NPRM Comment
Period Extended
End
Final Action 1
Final Action 2
09/17/99 64 FR 50671
11/16/99
11/16/99 64 FR 62145
01/18/00
12/14/01 66 FR 64759
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 3892;
EPA publication information: NPRM -
http://frwebgate.access.gpo.gov/cgi-bin/
getdoc.cgi?dbname=1999 register
&docid=frl7se99-30.pdf; EPA Docket
information: OPP-300890.
Sectors Affected: 32519 Other Basic
Organic Chemical Manufacturing;
32551 Paint and Coating
Manufacturing; 32532 Pesticide and
Other Agricultural Chemical
Manufacturing; 32561 Soap and
Cleaning Compound Manufacturing
URL For More Information:
www.epa.gov/oppad001/regpolicy.htm
Agency Contact: Jennifer McLain,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7506P, Washington,
DC 20460
Phone: 703 308-0293
Email: mclain.jennifer@epa.gov
RIN: 2070-AD14
785. PESTICIDES; RECONSIDERATION
OF EXEMPTIONS FOR INSECT
REPELLENTS
Priority: Other Significant
Legal Authority: 7 USC I36a; 7 USC
136w
CFR Citation: 40 CFR 152.25
Legal Deadline: None
Abstract: On March 15, 2006, the
Consumer Specialty Products
Association (CSPA) petitioned EPA to
modify the Minimum Risk Pesticides
exemption under 40 CFR 152.25(f).
Specifically, CSPA requested that EPA
change section 152.25(f) to exclude
from the exemption those pesticides
that claim to control "pests of
significant public health importance"
and require an abbreviated registration
for any products that are to be used
for the control of public health pests.
The Agency agrees that the concerns
have merit. In this action, EPA will
explore options, including potential
rulemaking, to respond to these
concerns.
Timetable:
Action
Date
FR Cite
NPRM
10/00/11
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State
Additional Information: SAN No. 5183.
URL For More Information:
wf\vwr.epa.gov/pesticides
Agency Contact: Kathryn Boyle,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7506P, Washington,
DC 20460
Phone: 703 305-6304
Fax: 703 305-5884
Email: boyle.kathryn@epa.gov
Jennifer McLain, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7506P, Washington, DC
20460
Phone: 703 308-0293
Email: mclain.jennifer@epa.gov
RIN: 2070-AJ45
Environmental Protection Agency (EPA)
Toxic Substances Control Act (TSCA)
P re rule Stage
786. LEAD; RENOVATION, REPAIR,
AND PAINTING PROGRAM FOR
PUBLIC AND COMMERCIAL
BUILDINGS
Priority: Economically Significant.
Major status under 5 USC 801 is
undetermined.
Unfunded Mandates: Undetermined
Legal Authority: 15 USC 2682(c)(3)
CFR Citation: 40 CFR 745
Legal Deadline: Other, Judicial, April
22, 2010, Advance Notice of Proposed
Rulemaking.
NPRM, Judicial, December 15, 2011.
Final, Judicial, July 15, 2013.
Abstract: Section 402(c)(3) of the Toxic
Substances Control Act (TSCA) requires
EPA to regulate renovation or
remodeling activities in target housing
(most pre-1978 housing), pre-1978
public buildings, and commercial
buildings that create lead-based paint
hazards. On April 22, 2008, EPA issued
a final rule to address lead-based paint
hazards created by these activities in
target housing and child-occupied
facilities built before 1978. In this rule,
child-occupied facilities are a subset of
public and commercial buildings or
facilities where children under age 6
spend a great deal of time. The 2008
rule established requirements for
training renovators, other renovation
workers, and dust sampling
technicians; for certifying renovators,
dust sampling technicians, and
renovation firms; for accrediting
providers of renovation and dust
sampling technician training; for
renovation work practices; and for
recordkeeping. This new rulemaking
will address renovation or remodeling
activities in the remaining buildings
described in TSCA section 402(c)(3):
Public buildings built before 1978 and
commercial buildings that are not
child-occupied facilities.
Timetable:
Action
Date
FR Cite
ANPRM
NPRM
Final Action
04/00/10
12/00/11
07/00/13
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected:
Undetermined
Federalism: Undetermined
Additional Information: SAN No. 5381;
N/A.
URL For More Information:
www.epa.gov/lead/pubs/renovation.htm
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Spring 2010 Semiannual Regulatory Agenda
EPA—Toxic Substances Control Act (TSCA)
Prerule Stage
Agency Contact: Hans Scheifele,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7404T, Washington,
DC 20460
Phone: 202 564-1459
Email: scheifele.hans@epa.gov
Cindy Wheeler, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7404T, Washington, DC
20460
Phone: 202 566-0484
Email: wheeler.cindy@epa.gov
RIN: 2070-AJ56
787. POLYCHLORINATED BIPHENYLS
(PCBS); REASSESSMENT OF USE
AUTHORIZATIONS
Priority: Other Significant. Major status
under 5 USC 801 is undetermined.
Unfunded Mandates: Undetermined
Legal Authority: 15 USC 2605 TSCA
6(e)
CFR Citation: 40 CFR 761
Legal Deadline: None
Abstract: EPA's regulations governing
the use of Polychlorinated Biphenyls
(PCBs) in electrical equipment and
other applications were first issued in
the late 1970s and have not been
updated since 1998. EPA is initiating
rulemaking to reexamine these ongoing
PCB uses with an eye to ending or
phasing out uses that can no longer be
justified under section 6(e) of the
Toxics Substances and Control Act
(TSCA), which requires EPA to
determine that authorized uses will not
present an unreasonable risk of injury
to health and the environment.
Timetable:
Action
Date
FR Cite
ANPRM
ANPRM Comment
Period End
04/07/10 75 FR 17645
07/06/10
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected:
Undetermined
Federalism: Undetermined
Additional Information: SAN No. 5256.
Agency Contact: John Smith,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7404T, Washington,
DC 20460
Phone: 202 566-0512
Fax: 202 566-0473
Email: smith.johnh@epa.gov
Christine Zachek, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7404T, Washington, DC
20460
Phone: 202 566-2219
Email: zachek.christine@epa.gov
RIN: 2070-AJ38
Environmental Protection Agency (EPA)
Toxic Substances Control Act (TSCA)
Proposed Rule Stage
788. TSCA SECTION 13 AMENDMENT:
ELECTRONIC REPORTING OF TSCA
CHEMICAL IMPORT DATA IN THE
AUTOMATED COMMERCIAL
ENVIRONMENT (ACE)
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2612
CFR Citation: 40 CFR 707
Legal Deadline: None
Abstract: EPA will consult with
Customs and Border Protection (CBP),
in the Department of Homeland
Security, regarding promulgation of
regulations by CBP to require electronic
reporting in the Automated Commercial
Environment (ACE) of the Toxics
Substances and Control Act (TSCA)
certification statement and chemical
identification data needed to verify the
legality of importation of chemical
substances subject to TSCA. ACE is a
database being designed by CBP that
will serve as a single portal for the
electronic collection and processing of
all data required by any Federal agency
pertaining to the importation of
commodities into, and their exportation
from, the U.S. CBP will test the
electronic collection of such data in
ACE under the National Customs
Automation Program (19 U.S.C. 1411;
19 CFR 101.9). Subsequently, the TSCA
section 13 regulations (19 CFR 12.118
through 12.127, and 127.28) would be
amended to require electronic reporting
by importers into ACE of TSCA
certification statements among
potentially other data (e.g., certain
chemical identification data) needed to
facilitate the verification of the legality
of imports shipments comprised of
chemical substances subject to TSCA.
Other amendments to the regulations
(e.g., relating to detention of shipments)
may also result from the review. TSCA
section 13 regulations are promulgated
by CBP, in consultation with EPA.
Congress has mandated participation in
the International Trade Data System
(ITDS) through passage of the SAFE
Port Act in October 2006. The ITDS
Program is a government-wide program
managed by CBP to assist every Federal
agency that has import/export
responsibilities to integrate its
requirements into ACE. Participation in
the ITDS Program has also been
recommended by the Import Safety
Working Group (ISWG), established
under Executive Order No. 13439 (Jul.
18, 2007). The TSCA program is one
of six EPA programs whose import
requirements are being integrated into
ACE.
Timetable:
Action
Date FR Cite
NPRM (EPA's 01/00/11
Concurrence)
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 5305.
URL For More Information:
wrwfwf.itds.gov
Agency Contact: David Giamporcaro,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7408M, Washington,
DC 20460
Phone: 202 564-8107
Email: giamporcaro.david@epa.gov
Mike Burns, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7404T,
Washington, DC 20460
Phone: 202 564-8273
Email: burns.mike@epa.gov
RIN: 2070-AJ50
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Spring 2010 Semiannual Regulatory Agenda
EPA—Toxic Substances Control Act (TSCA)
Proposed Rule Stage
789. • CHEMICALS OF CONCERN
LIST
Priority: Other Significant
Legal Authority: 15 USC 2604 and
2611
CFR Citation: 40 CFR 730 and 707
Legal Deadline: None
Abstract: EPA is proposing to add a
category of eight phthalates, a category
of polybrominated diphenyl ethers
(PBDEs), and bisphenol A (BPA) to a
list of chemical substances that EPA
finds present or may present an
unreasonable risk of injury to human
health or the environment. EPA is
proposing this rule using the authority
provided under section 5(b)(4) the
Toxic Substances Control Act (TSCA).
EPA is concerned that the hazards of
these substances and the magnitude of
human and/or environmental exposure
indicates that they may present an
unreasonable risk to human health
and/or the environment. EPA is also
proposing conforming changes to the
TSCA 12(b) export notification
regulations.
Timetable:
Action
Date
FR Cite
NPRM
09/00/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5430.
URL For More Information:
www.epa.gov/oppt/existingchemicals/
pubs/managechemrisk.html
Agency Contact: Jessica Barkas,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 250-8880
Email: barkas.jessica@epa.gov
Maria Doa, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 1200
Pennsylvania Avenue NW.,
Washington, DC 20460
Phone: 202 566-0718
Email: doa.maria@epa.gov
RIN: 2070-AJ70
790. DECABROMODIPHENYL ETHER
(DECABDE), PENTABROMODIPHENYL
ETHER (PENTABDE), AND
OCTABROMODIPHENYL ETHER
(OCTABDE)
Priority: Other Significant. Major status
under 5 USC 801 is undetermined.
Legal Authority: 15 USC 2601 et seq
CFR Citation: 40 CFR 790 to 799
Legal Deadline: None
Abstract: EPA intends to propose a
significant new use rule (SNUR) under
section 5(a)(2) and is also considering
a Test Rule under section 4(a) of the
Toxic Substances Control Act (TSCA)
for Decabromodiphenyl Ether
(DecaBDE) and/or Pentabromodiphenyl
Ether (PentaBDE) and
Octabromodiphenyl Ether (OctaBDE).
The SNUR would require persons who
intend to manufacture, import, or
process these chemical substances, or
an article containing them, for an
activity that is designated as a
significant new use by this proposed
rule, to notify EPA at least 90 days
before commencing that activity. The
required notification would provide
EPA with the opportunity to evaluate
the intended use and, if necessary, to
prohibit or limit that activity before it
occurs. The Test Rule may be needed
to determine the health and
environmental effects of DecaBDE
and/or PentaBDE, and OctaBDE. The
results of the tests that could be
required under this rule would assist
EPA in understanding the health and
environmental effects of the substance
to manage/minimize any potential risk
and exposure.
Timetable:
Action
Date FR Cite
NPRM
NPRM2
06/25/91 56 FR 29140
12/00/10
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No.
3493.3.
URL For More Information:
www.epa.gov/oppt/chemtest
Agency Contact: Catherine Roman,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-8172
Fax: 202 564-4765
Email: roman.catherine@epa.gov
Mike Mattheisen, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405M, Washington, DC
20460
Phone: 202 564-3077
Fax: 202 564-4765
Email: mattheisen.mike@epa.gov
RIN: 2070-AJ08
791. • SIGNIFICANT NEW USE RULE;
CERTAIN HIGH PRODUCTION
VOLUME CHEMICALS AND EXISTING
CHEMICALS
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2601 et seq
CFR Citation: 40 CFR 721
Legal Deadline: None
Abstract: EPA is developing a
significant new use rule (SNUR) under
section 5(a)(2) of the Toxic Substances
Control Act (TSCA) for the fourth group
of high production volume (HPV)
chemicals identified under the HPV
Program (see RIN 2070-AD16). (HPV
chemicals are manufactured (including
imported) in the aggregate at more than
1 million pounds on an annual basis.)
Currently, the SNUR is expected to
include 34 chemicals. The SNUR
would require persons who intend to
manufacture, import, or process these
chemical substances for an activity that
is designated as a significant new use
by this proposed rule to notify EPA at
least 90 days before commencing that
activity. This required notice will
provide EPA the opportunity to
evaluate intended significant new uses
and associated activities before they
occur and, if appropriate, to prohibit
or limit those uses or activities.
Timetable:
Action
Date
FR Cite
NPRM 01/00/11
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5419.
URL For More Information:
www.epa.gov/oppt/existingchemicals
Agency Contact: Paul Campanella,
Environmental Protection Agency,
Office of Prevention, Pesticides and
104
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Spring 2010 Semiannual Regulatory Agenda
EPA—Toxic Substances Control Act (TSCA)
Proposed Rule Stage
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-8091
Email: campanella.paul@epa.gov
Robert Jones, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7405M,
Washington, DC 20460
Phone: 202 564-8161
Email: jones.robert@epa.gov
RIN: 2070-AJ66
792. TSCA INVENTORY
NOMENCLATURE FOR ENZYMES AND
PROTEINS
Priority: Info./Admin./Other
Legal Authority: 15 USC 2607
CFR Citation: 40 CFR 720.45
Legal Deadline: None
Abstract: In an Advance Notice of
Proposed Rulemaking (ANPRM) issued
in November 2004, EPA announced and
sought comment on whether it should
establish new procedures and
regulations for naming enzymes and
proteins when listing such substances
on the Toxic Substances Control Act
(TSCA) Chemical Substances Inventory
(TSCA Inventory) because current
enzyme listings were too broad and did
not adequately differentiate between
newly developed enzymes and existing
Inventory listings. The ANPRM
outlined four identification elements
that EPA currently believes are
appropriate for use in developing
unique TSCA Inventory nomenclature
for proteinaceous enzymes. The Agency
also solicited public comment on
several specific questions relating to
this topic. EPA is currently evaluating
the comments received and is
developing a proposed rulemaking.
Timetable:
Action
Date FR Cite
ANPRM
ANPRM Comment
Period End
NPRM
11/15/04 69 FR 65565
12/15/04
09/00/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 4878;
EPA publication information: ANPRM
- http://www.epa.gov/fedrgstr/ EPA-
TOX/2004/November/Day-
15/t25307.htm; EPA Docket
information: EPA-HQ-OPPT-2003-0058.
URL For More Information:
www.epa.gov/oppt/existingchemicals
Agency Contact: Greg Fritz,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-8583
Fax: 202 564-9490
Email: fritz.greg@epa.gov
Loraine Passe, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405M, Washington, DC
20460
Phone: 202 564-9064
Fax: 202 564-9490
Email: passe.loraine@epa.gov
RIN:2070-AJ04
793. TSCA INVENTORY UPDATE
REPORTING MODIFICATIONS
Priority: Other Significant
Legal Authority: 15 USC 2607 (TSCA
sec 8)
CFR Citation: 40 CFR 710
Legal Deadline: None
Abstract: The Inventory Update
Reporting (IUR) rule enables EPA to
procure basic information on chemicals
manufactured or processed for
commercial purposes, resulting in a
unique database that includes current
production volume, manufacturing site-
related data, and processing and use-
related data for larger volume
chemicals. This broad-based collection
of manufacturing and use-exposure-
related data provides basic information
needed for risk prevention and
management activities. The changes in
the IUR Modifications rule are designed
(1) to tailor the information collected
to more closely match the Agency's
overall information needs; (2) to obtain
new and updated information relating
to potential exposures to a subset of
chemical substances listed on the TSCA
Inventory; and (3) to improve the utility
of the information reported. EPA
believes that changing the information
collected through the IUR, the method
and frequency of collecting the
information, and confidential business
information (CBI) requirements will
accomplish these goals. The major
changes in the IUR Modifications Rule
include: eliminating the upper
threshold to collect processing and use
data for all reported chemicals,
collecting multi-year production
volume information, returning the
frequency of reporting to every 4 years
from every 5, triggering reporting based
on the annual production volume since
the last IUR, and requiring electronic
reporting. Other changes include
modifications to specific data elements
such as the production volume and
types of industrial and
commercial/consumer uses; requiring
an indication of consumer or
commercial use and, if commercial, the
number of workers; changes to
requirements for making CBI claims;
migrating the regulatory text from 40
CFR 710 to 711; and eliminating
obsolete regulatory text.
Timetable:
Action
Date FR Cite
NPRM
07/00/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 5279;
EPA Docket information: EPA-HQ-
OPPT-2009-0187.
URL For More Information:
wf\vwr.epa.gov/opptintr/iur
Agency Contact: Susan Sharkey,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-8789
Fax: 202 564-4775
Email: sharkey.susan@epa.gov
Chenise Farquharson, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405M, Washington, DC
20460
Phone: 202 564-7768
Fax: 202 564-4775
Email: farquharson.chenise@epa.gov
RIN: 2070-AJ43
794. • TSCA INVENTORY;
CLARIFICATION FOR CHEMICAL
IDENTIFICATION DESCRIBING
STATUTORY MIXTURES, INCLUDING
CERAMIC MATERIALS, CEMENTS,
AND FRITS FOR TSCA INVENTORY
PURPOSES
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2601 et seq
CFR Citation: 40 CFR 710 to 77
105
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Spring 2010 Semiannual Regulatory Agenda
EPA—Toxic Substances Control Act (TSCA)
Proposed Rule Stage
Legal Deadline: None
Abstract: EPA is clarifying the
guidance on chemical identification of
certain statutory mixtures for purposes
of the Toxics Substances and Control
Act (TSCA) Chemical Substance Act
Inventory (TSCA Inventory). For the
initial reporting period that established
the TSCA Inventory, EPA developed
broad listing criteria ("category
listings") for the complex reaction
products known as statutory mixtures.
These include ceramics, cements and
frits. Since that time, there has been
inconsistent guidance for manufacturers
of such substances with regard to
whether new chemical notification
under Section 5 of TSCA was required
for such new substances. Under this
action, EPA will clarify which chemical
substances comprise complex reaction
products that fall under the "category
listings" and which chemical
substances (not currently on the TSCA
Inventory) would be considered to be
"new" chemical substances under
TSCA and thus be subject to new
chemical notification under TSCA
Section 5.
Timetable:
Action
Date
FR Cite
Draft Clarification
09/00/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5421.
URL For More Information:
Agency Contact: David Schutz,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-9262
Fax: 202 564-9490
Email: schutz.david@epa.gov
Greg Schweer, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405M, Washington, DC
20460
Phone: 202 564-8469
Email: schweer.greg@epa.gov
RIN: 2070-AJ68
795. LEAD; CLEARANCE AND
CLEARANCE TESTING
REQUIREMENTS FOR THE
RENOVATION, REPAIR, AND
PAINTING PROGRAM
Priority: Economically Significant.
Major under 5 USC 801.
Unfunded Mandates: This action may
affect the private sector under PL 104-
4.
Legal Authority: 15 USC 260l(c); 15
USC 2682(c)(3); 15 USC 2684; 15 USC
2686; 15 USC 2687
CFR Citation: 40 CFR 745
Legal Deadline: NPRM, Judicial, April
22, 2010, Signature.
Final, Judicial, July 15, 2011, Signature.
Abstract: EPA intends to propose
several revisions to the 2008 Lead
Renovation, Repair, and Painting
Program (RRP) rule that established
accreditation, training, certification,
and recordkeeping requirements as well
as work practice standards for persons
performing renovations for
compensation in most pre-1978 housing
and child-occupied facilities. Current
requirements include training
renovators, other renovation workers,
and dust sampling technicians; for
certifying renovators, dust sampling
technicians, and renovation firms; for
accrediting providers of renovation and
dust sampling technician training; for
renovation work practices; and for
recordkeeping. EPA is particularly
concerned about dust lead hazards
generated by renovations because
children, especially younger children,
are at risk for high exposures of lead-
based paint dust via hand-to-mouth
exposure. For this particular action,
EPA will consider whether to establish
additional requirements to ensure that
renovation work areas are adequately
cleaned after renovation work is
finished and before the areas are re-
occupied. These additional
requirements may include dust wipe
testing after renovations and ensuring
that renovation work areas meet
clearance standards before re-
occupancy.
Timetable:
Action
Date FR Cite
NPRM
Final Action
04/00/10
07/00/11
Regulatory Flexibility Analysis
Required: Yes
Small Entities Affected: Businesses
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No. 5380;
EPA Docket information: EPA-HQ-
OPPT-2005-0049.
URL For More Information:
www.epa.gov/lead/pubs/renovation.htm
Agency Contact: Cindy Wheeler,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7404T, Washington,
DC 20460
Phone: 202 566-0484
Email: wheeler.cindy@epa.gov
Michelle Price, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7404T, Washington, DC
20460
Phone: 202 566-0744
Email: price.michelle@epa.gov
RIN: 2070-AJ57
796. MERCURY EXPORT BAN ACT;
PROCEDURES FOR ESSENTIAL USE
EXEMPTIONS
Priority: Info./Admin./Other
Legal Authority: PL 110-414
CFR Citation: Not Yet Determined
Legal Deadline: Final, Statutory,
January 1, 2013, The mercury export
ban goes into effect January 1, 2013.
Abstract: The Mercury Export Ban Act
of 2008 amended section 12 of the
Toxics Substances and Control Act
(TSCA) to prohibit the export of
elemental mercury from the United
States effective January 1, 2013. The
new provision in TSCA allows any
person residing in the U.S. to petition
the Administrator for an exemption to
the export ban. If the Administrator
makes certain findings listed in the Act,
the Administrator may grant
exemptions to the ban through notice
and comment rulemaking. The Agency
intends to set out the procedures for
an exporter to petition and the Agency
to issue these exemptions. Please note
that exemption requests themselves
will be acted on through separate
rulemakings, and will be covered by a
separate entry in the Regulatory
Agenda, as appropriate.
Timetable:
Action
Date
FR Cite
Notice
12/00/10
106
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Spring 2010 Semiannual Regulatory Agenda
EPA—Toxic Substances Control Act (TSCA)
Proposed Rule Stage
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
International Impacts: This regulatory
action will be likely to have
international trade and investment
effects, or otherwise be of international
interest.
Additional Information: SAN No. 5387.
URL For More Information:
wfwfwf.epa.gov/mercury
Agency Contact: Julie Simpson,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7404T, Washington,
DC 20460
Phone: 202 566-1980
Email: simpson.julie@epa.gov
Peter Gimlin, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7404T,
Washington, DC 20460
Phone: 202 566-0515
Email: gimlin.peter@epa.gov
RIN: 2070-AJ60
797. • SIGNIFICANT NEW USE RULE;
ELEMENTAL MERCURY USED IN
BAROMETERS, MANOMETERS,
HYGROMETERS, AND
PSYCHROMETERS
Priority: Other Significant
Unfunded Mandates: Undetermined
Legal Authority: 15 USC 2601 et seq
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: This proposed Significant
New Use Rule (SNUR) would require
persons to notify EPA at least 90 days
before commencing the manufacture,
import, or processing of elemental
mercury for use in certain measuring
devices, switches, sensors, gauges,
thermocouples, gymnasum flooring,
novelty items, and sports and
recreation products. Historically,
elemental mercury has been used in
many industrial and consumer
products, due to its unique properties.
Use of elemental mercury in products
can lead to releases to the environment
during manufacturing, recycling, or
disposal. Under certain conditions,
mercury in the environment can cause
adverse effects in humans and wildlife.
Some State governments have restricted
mercury use in products and have
requested Federal action to bolster
these efforts. In 2006, EPA committed
to pursue reductions in mercury used
in switches, relays, and measuring
devices. In 2007, EPA issued a SNUR
for elemental mercury used in certain
switches previously installed in motor
vehicles. Two years later, in 2009, EPA
proposed a second SNUR for elemental
mercury used in flow meters, natural
gas manometers, and pyrometers. See
RIN 2070-AJ36. EPA has now identified
more mercury-containing products that
have cost-effective substitutes and are
no longer manufactured. The effect of
the rule is to require anyone who
intends to re-commence manufacture of
the named products to notify EPA 90
days prior to manufacture.
Timetable:
Action
Date FR Cite
NPRM
12/00/10
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 5440.
URL For More Information:
www.epa.gov/oppt/existingchemicals
Agency Contact: Sue Slotnick,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7404 T, Washington,
DC 20460
Phone: 202 566-1973
Email: slotnick.sue@epa.gov
Lynn Vendinello, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7404 T, Washington, DC
20460
Phone: 202 566-0514
Email: vendinello.lynn@epa.gov
RIN:2070-AJ71
798. TEST RULE; CERTAIN
NANOSCALE MATERIALS
Priority: Other Significant
Legal Authority: 15 USC 2603 TSCA
4
CFR Citation: 40 CFR 790
Legal Deadline: None
Abstract: A Toxics Substances and
Control Act (TSCA) Section 4(a) test
rule may be needed to determine the
health effects of certain multiwall
carbon nanotubes and nanosized clays
and alumina. The results of the tests
that could be required under this rule
would assist EPA in understanding the
health effects of the substance to
manage/minimize any potential risk
and exposure. Results could also help
with establishing a correlation between
the chemical/physical properties and
health effects needed to protect the
health of workers handling the
substance.
Timetable:
Action
Date
FR Cite
NPRM 11/00/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 5313.
URL For More Information:
www.epa.gov/opptintr/chemtest/
index.htm
Agency Contact: Ken Moss,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-9232
Fax: 202 564-9490
Email: moss.kenneth@epa.gov
RIN: 2070-AJ47
799. NANOSCALE MATERIALS; TSCA
SECTION 8(A) REPORTING FOR
NANOSCALE MATERIALS
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2607(a) TSCA
8(a)
CFR Citation: 40 CFR 712
Legal Deadline: None
Abstract: Under the authority of
section 8(a) of the Toxic Substances
Control Act (TSCA), EPA is developing
a proposal to establish reporting
requirements for certain nanoscale
materials. This rule would propose that
persons who manufacture these
nanoscale materials notify EPA of
certain information including
production volume, methods of
manufacture and processing, exposure
and release information, and available
health and safety data. The proposed
reporting of these activities will
provide EPA with an opportunity to
evaluate the information and consider
appropriate action under TSCA to
reduce any risk to human health or the
environment.
107
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Spring 2010 Semiannual Regulatory Agenda
EPA—Toxic Substances Control Act (TSCA)
Proposed Rule Stage
Timetable:
Action
Date FR Cite
NPRM
12/00/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 5366.
URL For More Information:
\vwrwf.epa.gov/oppt/nano
Agency Contact: Jim Alwood,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-8974
Fax: 202 564-9490
Email: alwood.jim@epa.gov
Jessica Barkas, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405M, Washington, DC
20460
Phone: 202 250-8880
Email: barkas.jessica@epa.gov
RIN: 2070-AJ54
800. • NANOSCALE MATERIALS;
SIGNIFICANT NEW USE RULE (SNUR)
Priority: Other Significant
Legal Authority: 15 USC 2604
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: EPA is developing a
significant new use rule (SNUR) under
section 5(a)(2) of the Toxic Substances
Control Act (TSCA) for nanoscale
materials. This action would require
persons who intend to manufacture,
import, or process this/these chemical
substance(s) for an activity that is
designated as a significant new use by
this proposed rule to notify EPA at
least 90 days before commencing that
activity. The required notification
would provide EPA with the
opportunity to evaluate the intended
use and, if necessary, to prohibit or
limit that activity before it occurs to
prevent unreasonable risk to human
health or the environment.
Timetable:
Action
Date
FR Cite
NPRM
12/00/10
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 5420.
URL For More Information:
wrwrwr.epa.gov/oppt/nano
Agency Contact: Jim Alwood,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-8974
Fax: 202 564-9490
Email: alwood.jim@epa.gov
Jessica Barkas, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405M, Washington, DC
20460
Phone: 202 250-8880
Email: barkas.jessica@epa.gov
RIN:2070-AJ67
801. SIGNIFICANT NEW USE RULE
FOR GLYMES
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2601 et seq
CFR Citation: 40 CFR 721 (Revision)
Legal Deadline: None
Abstract: EPA is proposing a
significant new use rule (SNUR) under
section 5(a)(2) of the Toxic Substances
Control Act (TSCA) for 14 glymes: CAS
Registry Numbers (CASRNs) 110-71-4,
111-96-6, 112-36-7, 112-49-2, 112-73-2,
112-98-1, 143-24-8, 629-14-1, 4353-28-
0, 23601-39-0, 24991-55-7, 31885-97-9,
51105-00-1, and 63512-36-7. This
action would require persons who
intend to manufacture, import, or
process these chemical substances for
an activity that is designated as a
significant new use by this proposed
rule to notify EPA at least 90 days
before commencing that activity. The
required notification would provide
EPA with the opportunity to evaluate
the intended use and, if necessary, to
prohibit or limit that activity before it
occurs.
Timetable:
Action
Date FR Cite
Regulatory Flexibility Analysis
Required: No
NPRM 08/00/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5342.
URL For More Information:
www.epa.gov/oppt/existingchemicals
Agency Contact: Amy Breedlove,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-9823
Fax: 202 564-4775
Email: breedlove.amy@epa.gov
Diane Sheridan, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405M, Washington, DC
20460
Phone: 202 564-8176
Email: sheridan.diane@epa.gov
RIN: 2070-AJ52
802. FOLLOW-UP RULES ON
EXISTING CHEMICALS
Priority: Routine and Frequent
Legal Authority: 15 USC 2604 TSCA
5; 15 USC 2607 TSCA 8
CFR Citation: 40 CFR 704; 40 CFR 707;
40 CFR 710; 40 CFR 721
Legal Deadline: None
Abstract: EPA monitors the commercial
development of existing chemicals of
concern and/or gathers information to
support planned or ongoing risk
assessments on such chemicals. As
these chemicals are identified, EPA will
initiate rulemakings under the Toxic
Substances Control Act (TSCA) sections
5 and/or 8 to require reporting of
appropriate needed information by the
manufacturers, importers and/or
processors of these chemicals.
Individual proposed or final rules will
be published as chemicals are
identified.
Timetable:
Action
Date FR Cite
NPRM: 09/27/89 54 FR 39548
2,4-Pentanedione
NPRM SNUR: Heavy 01/15/02 67 FR 1937
Metals
NPRM Comment 02/14/02
Period End
Final SNUR: Heavy 12/00/10
Metals
Final: 2,4 12/00/11
Pentanedione
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions
108
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Spring 2010 Semiannual Regulatory Agenda
EPA—Toxic Substances Control Act (TSCA)
Proposed Rule Stage
Government Levels Affected: Federal,
Local, State
Additional Information: SAN No. 1923;
EPA publication information: NPRM
SNUR: Heavy Metals -
http://frwebgate.access.gpo.gov/cgi-bin/
getdoc.cgi?dbname=2002
register&docid=02-963-filed.pdf.
Sectors Affected: 325 Chemical
Manufacturing; 32411 Petroleum
Refineries
URL For More Information:
www.epa.gov/oppt/existingchemicals/
Agency Contact: Diane Sheridan,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-8176
Email: sheridan.diane@epa.gov
Amy Breedlove, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405M, Washington, DC
20460
Phone: 202 564-9823
Fax: 202 564-4775
Email: breedlove.amy@epa.gov
RIN: 2070-AA58
803. • GENERAL EXEMPTIONS FROM
REPORTING REQUIREMENTS FOR
MICROORGANISMS; REVISIONS OF
RECIPIENT ORGANISMS ELIGIBLE
FOR TIER I AND TIER II EXEMPTIONS
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2601 et seq
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: In 1997, EPA promulgated a
final rule under section 5 of Toxics
Substances and Control Act (TSCA) to
establish the notification procedures for
review of certain new microorganisms
before they are introduced into
commerce. "New" microorganisms are
those formed by deliberate
combinations of genetic material from
organisms classified in different
taxonomic genera. This review process
is designed to prevent unreasonable
risk of injury to human health and the
environment without imposing
unnecessary regulatory burdens on the
biotechnology industry. The rule also
established TSCA section 5(h)(4)
exemptions from full reporting when 10
specific microorganisms are used as the
recipient microorganisms for the
introduced genetic material and placed
requirements on these recipient
microorganism, the introduced genetic
material, and the physical containment
(40 CFR 725, subpart G). The rule also
established a mechanism (40 CFR
725.67) for the public to petition the
Agency to propose additional recipient
microorganisms for such exemptions.
These regulations describe the
appropriate supporting information that
must be submitted with the petition to
provide EPA with a starting point for
determining whether the recipient
should be listed as a candidate for the
tiered exemption. EPA has received
petitions to add two additional
microorganisms to the eligible recipient
microorganisms listed in 40 CFR
725.420 (Trichoderma reesei and
Bacillus amyloliquefaciens). EPA is
evaluating the information provided in
these petitions. If, as result of this
evaluation, EPA makes a preliminary
determination that one or both of the
two microorganisms will not present an
unreasonable risk of injury to health or
the environment, then EPA will
propose a rule to grant the exemption
petition for that microorganism(s).
Timetable:
Action
Date FR Cite
NPRM
12/00/10
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: None
Additional Information: SAN No. 5418.
URL For More Information:
www.epa.gov/oppt
Agency Contact: Miriam Wigginslewis,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-9373
Email: wigginslewis.miriam@epa.gov
Greg Schweer, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405M, Washington, DC
20460
Phone: 202 564-8469
Email: schweer.greg@epa.gov
RIN:2070-AJ65
804. TEST RULE; TESTING OF
CERTAIN HIGH PRODUCTION
VOLUME (HPV) CHEMICALS
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2603
CFR Citation: 40 CFR 790 to 799
Legal Deadline: None
Abstract: EPA is developing test rules
under section 4(a) of the Toxic
Substances Control Act (TSCA) to
require testing and recordkeeping
requirements for certain high
production volume (HPV) chemicals
(i.e., chemicals which are manufactured
(including imported) in the aggregate at
more than 1 million pounds on an
annual basis) that have not been
sponsored under the voluntary HPV
Challenge Program. Although varied
based on specific data needs for the
particular chemical, the data generally
collected under these rules may
include: acute toxicity, repeat dose
toxicity, developmental and
reproductive toxicity, mutagenicity,
ecotoxicity, and environmental fate.
The first rule proposed testing for 37
HPV chemicals with substantial worker
exposure. When finalized in 2006, the
number of chemicals included in the
first final rule was reduced to 17 based
on new information on annual
production volumes, worker exposure,
and commitments to the voluntary HPV
Challenge Program. A second proposed
test rule that published in 2008 for 19
chemicals is expected to be finalized
in 2010. A third proposed test rule that
published in early 2010 for 29
chemicals is expected to be finalized
in 2011. A fourth proposed test rule
is expected in late 2010 for 46
chemicals.
Timetable:
Action
Date FR Cite
NPRM
NPRM Comment
Period End
Final Rule
Direct Final Rule 1;
Revocation;
Coke-Oven Light
Oil (Coal)
NPRM2
NPRM 2 Comment
Period End
NPRM3
NPRM 3 Comment
Period End
Final Rule 2
Direct Final Rule 1-2;
Revocation
12/26/00 65 FR 81658
04/25/01
03/16/06 71 FR 13709
12/08/06 71 FR71058
07/24/08 73 FR 43314
10/22/08
02/25/10 75 FR 8575
05/26/10
05/00/10
10/00/10
109
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Spring 2010 Semiannual Regulatory Agenda
EPA—Toxic Substances Control Act (TSCA)
Proposed Rule Stage
Action
Date FR Cite
NPRM4
Final Actions
01/00/11
04/00/11
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
International Impacts: This regulatory
action will be likely to have
international trade and investment
effects, or otherwise be of international
interest.
Additional Information: SAN No. 3990;
EPA Docket information: EPA-HQ-
OPPT-2005-0033; EPA-HQ-OPPT-2007-
0531; EPA-HQ-OPPT-2009-0112.
Sectors Affected: 325 Chemical
Manufacturing; 32411 Petroleum
Refineries
URL For More Information:
www.epa.gov/opptintr/chemtest
Agency Contact: Paul Campanella,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-8091
Email: campanella.paul@epa.gov
John Schaeffer, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405M, Washington, DC
20460
Phone: 202 564-8173
Fax: 202 564-4765
Email: schaeffer.john@epa.gov
RIN: 2070-AD16
Environmental Protection Agency (EPA)
Toxic Substances Control Act (TSCA)
Final Rule Stage
805. LEAD; AMENDMENT TO THE
OPT-OUT AND RECORDKEEPING
PROVISIONS IN THE RENOVATION,
REPAIR, AND PAINTING PROGRAM
Priority: Economically Significant.
Major under 5 USC 801.
Legal Authority: 15 USC 260l(c); 15
USC 2682(c)(3); 15 USC 2684; 15 USC
2686;15 USC 2687
CFR Citation: 40 CFR 745
Legal Deadline: None
Abstract: As part of a lawsuit
settlement, EPA agreed to propose
several revisions to the 2008 Lead
Renovation, Repair, and Painting
Program (RRP) rule that established
accreditation, training, certification,
and recordkeeping requirements as well
as work practice standards on persons
performing renovations for
compensation in most pre-1978 housing
and child-occupied facilities. In
October of 2008, EPA proposed
amendments to the opt-out provision
that currently exempts a renovator from
the training and work practice
requirements of the rule when he or
she obtains a certification from the
owner of a residence he or she occupies
that no child under age 6 or pregnant
women resides in the home and the
home is not a child-occupied facility.
EPA also proposed revisions that
involve renovation firms providing the
owner with a copy of the records they
are currently required to maintain to
demonstrate compliance with the
training and work practice
requirements of the RRP rule and, if
different, providing the information to
the occupant of the building being
renovated or the operator of the child-
occupied facility. In addition to the
proposed amendments, EPA considered
various minor amendments to the
regulations concerning training
provider accreditations, renovator
certifications and State and tribal
program requirements.
Timetable:
Action
Date FR Cite
NPRM
NPRM Comment
Period End
Final Action
10/28/09 74 FR 55506
11/27/09
04/00/10
Regulatory Flexibility Analysis
Required: Yes
Small Entities Affected: Businesses
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No. 5379;
EPA publication information: NPRM -
http://www.regulations.gov/search/
Regs/home.htmlidocumentDetail?
R=0900006480a4cbOc; EPA Docket
information: EPA-HQ-OPPT-2005-0049.
URL For More Information:
www.epa.gov/lead/pubs/renovation.htm
Agency Contact: Marc Edmonds,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7404T, Washington,
DC 20460
Phone: 202 566-0758
Email: edmonds.marc@epa.gov
Michelle Price, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7404T, Washington, DC
20460
Phone: 202 566-0744
Email: price.michelle@epa.gov
RIN: 2070-AJ55
806. SIGNIFICANT NEW USE RULE
FOR ELEMENTAL MERCURY IN FLOW
METERS, MANOMETERS, AND
PYROMETERS
Priority: Other Significant
Legal Authority: TSCA sec 5(a)
CFR Citation: 40 CFR 721
Legal Deadline: None
Abstract: Elemental mercury has been
used in many industrial and consumer
applications, due to its unique
properties. Certain uses of elemental
mercury can lead to releases to the
environment during manufacturing,
recycling, or disposal. Under certain
conditions, mercury in the environment
can cause adverse effects in humans
and wildlife. Some State governments
have restricted certain uses of mercury
and have requested federal action to
bolster these efforts. In 2006, EPA
committed to pursue reductions in
mercury used in switches, relays, and
measuring devices. In 2007, EPA issued
a Significant New Use Rule (SNUR) for
elemental mercury used in certain
switches previously installed in motor
vehicles. EPA has now identified three
more discontinued uses of mercury that
have cost-effective alternatives. The
discontinued uses of mercury are used
in flow meters, manometers on oil and
gas pipelines, and pyrometers. The
SNUR would require persons to notify
EPA at least 90 days before
commencing the manufacture or
processing of mercury for these three
uses.
110
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Spring 2010 Semiannual Regulatory Agenda
EPA—Toxic Substances Control Act (TSCA)
Final Rule Stage
Timetable:
Action
Date FR Cite
NPRM
NPRM Comment
Period End
Final Action
09/11/09 74 FR 46707
11/10/09
10/00/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5238;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/ EPA-
TOX/2009/ September/Day-
Il/t21894.htm.
URL For More Information:
wfwrwf.epa.gov/mercury
Agency Contact: Peter Gimlin,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7404T, Washington,
DC 20460
Phone: 202 566-0515
Email: gimlin.peter@epa.gov
Lynn Vendinello, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7404 T, Washington, DC
20460
Phone: 202 566-0514
Email: vendinello.lynn@epa.gov
RIN: 2070-AJ36
807. MERCURY; REGULATION TO
UPDATE OUTDATED ASTM
REFERENCES IN EPA REGULATIONS
THAT REQUIRE THE USE OF
MERCURY THERMOMETERS
Priority: Substantive, Nonsignificant
Unfunded Mandates: Undetermined
Legal Authority: Not Yet Determined
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: This is a proposed series of
technical amendments to clarify
standards within EPA regulations (that
require the use of mercury
thermometers) so that no mercury
thermometer requirement applies with
EPA regulations. Regulations
promulgated by several different
program offices currently contain
references to standards of ASTM
International, which contain
requirements to use mercury
thermometers. EPA is working to
phase-out the use of non-fever
industrial mercury thermometers in
laboratory and industrial settings, and
these technical amendments will
remove these regulatory barriers to such
a phase-out.
Timetable:
Action
Date FR Cite
NPRM
Direct Final Action
08/00/10
08/00/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5340.
URL For More Information:
wrwrwr.epa.gov/mercury
Agency Contact: Robert Courtnage,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7404T, Washington,
DC 20460
Phone: 202 566-1081
Email: courtnage.robert@epa.gov
Hiroshi Dodahara, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7404T, Washington, DC
20460
Phone: 202 566-0507
Email: dodahara.hiroshi@epa.gov
RIN: 2070-AJ51
808. SIGNIFICANT NEW USE RULES
(SNURS); FOLLOW-UP RULES ON
NON-5(E) NEW CHEMICAL
SUBSTANCES
Priority: Routine and Frequent
Legal Authority: 15 USC 2601 et seq
CFR Citation: 40 CFR 721
Legal Deadline: None
Abstract: Section 5(a)(2) of the Toxic
Substances Control Act (TSCA)
authorizes EPA to determine that a use
of a chemical substance is a
"significant new use." After
considering all relevant factors,
including those listed in TSCA section
5(a)(2), EPA makes this determination
by promulgating Significant New Use
Rules (SNURs). These regulations
require persons who intend to
manufacture, import, or process a
chemical substance contained in a
SNUR for an activity that is designated
as a significant new use to notify EPA
at least 90 days before commencing that
activity. The required notification will
provide EPA with the opportunity to
evaluate the intended use and, if
necessary, to prohibit or limit that
activity before it occurs. For chemicals
which were the subject of
premanufacture notices (PMNs), EPA
may promulgate "non-5(e) SNURs"
when the Agency did not find that the
chemical's manufacture, processing,
distribution, use or disposal, as
described in the PMN, triggered the
determinations set forth under TSCA
section 5(e), but did find that certain
changes in the chemical's manufacture,
processing, distribution, use, or
disposal could result in increased
exposures to or releases of the
substance. Under the Expedited Follow-
up Rule (EFUR), 40 CFR part 721,
subpart D, EPA routinely issues batch
direct final section 5(e) and non-5 (e)
SNURs. This Regulatory Agenda action
addresses those chemicals that were
subject to a proposed SNUR prior to
the effective date of the EFUR or which
do not qualify under the EFUR.
Timetable:
Action
Date FR Cite
NPRM: P-84-1056
NPRM: P-86-566
NPRM: Aluminum
Cross-Linked
Sodium
Carboxymethyl
cellulose
Final: Aluminum
Cross-Linked
Sodium
Carboxymethyl
cellulose
Final: P-84-1056
Final: P-86-566
06/11/86 51 FR21199
12/08/87 52 FR 46496
06/11/93 58 FR 32628
06/00/10
06/00/10
06/00/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 1976.
Sectors Affected: 325 Chemical
Manufacturing; 324 Petroleum and Coal
Products Manufacturing
URL For More Information:
wrwrwr.epa.gov/opptintr/newrchems/
pubs/cnosnurs.htm
Agency Contact: Karen Chu,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-8773
Fax: 202 564-9490
Email: chu.karen@epa.gov
111
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Spring 2010 Semiannual Regulatory Agenda
EPA—Toxic Substances Control Act (TSCA)
Final Rule Stage
Greg Schweer, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405M, Washington, DC
20460
Phone: 202 564-8469
Email: schweer.greg@epa.gov
RIN: 2070-AA59
809. SIGNIFICANT NEW USE RULE
(SNUR); CHEMICAL-SPECIFIC SNURS
TO EXTEND PROVISIONS OF
SECTION 5(E) ORDERS
Priority: Routine and Frequent
Legal Authority: 15 USC 2604
CFR Citation: 40 CFR 721
Legal Deadline: None
Abstract: Section 5(a)(2) of the Toxic
Substances Control Act (TSCA)
authorizes EPA to determine that a use
of a chemical substance is a
"significant new use." After
considering all relevant factors,
including those listed in TSCA section
5(a)(2), EPA makes this determination
by promulgating Significant New Use
Rules (SNURs). These regulations
require persons who intend to
manufacture, import, or process a
chemical substance contained in a
SNUR for an activity that is designated
as a significant new use to notify EPA
at least 90 days before commencing that
activity. The required notification will
provide EPA with the opportunity to
evaluate the intended use and, if
necessary, to prohibit or limit that
activity before it occurs. For chemicals
which were the subject of
premanufacture notices (PMNs) and for
which EPA made a determination that
the manufacture, processing,
distribution, use or disposal may
present an unreasonable risk, the
Agency may issue a section 5(e)
consent order to limit these activities.
The Agency generally issues "5(e)"
SNURs to extend the controls
prescribed in these consent orders to
other manufacturers and processors by
designating the manufacture,
processing, distribution, use or disposal
of the substances without the specified
controls as significant new uses. For
chemicals which were the subject of
PMNs, EPA may also promulgate "non-
5(e) SNURs" when the Agency did not
find that the chemical's manufacture,
processing, distribution, use or
disposal, as described in the PMN,
triggered the determinations set forth
under TSCA section 5(e) but did find
that certain changes in the chemical's
manufacture, processing, distribution,
use or disposal could result in
increased exposures to or releases of
the substance. Under the Expedited
Follow-up Rule (EFUR), 40 CFR part
721, subpart D, EPA routinely issues
batch direct final section 5(e) and non-
5(e) SNURs. (For the Fall 2010
Regulatory Agenda, the Agency intends
to remove those items below that
indicated a final issuance date.)
Timetable:
Action
Date
FR Cite
Action
Date
FR Cite
NPRM Modifications 09/00/10
Batch 10-01
Final: A kenyl Ether of 12/00/10
Alkanetriol Polymer
(93-458)
Final: Aromatic Amino 12/00/10
Ether (P90-1840)
Final: Certain 12/00/10
Chemical
Substances
(91-1299/95-1667
91-129891-1297)
Regulatory Flexibility Analysis
Required: No
NPRM: Aromatic
Amino Ether
(P90-1840)
NPRM: Alkenyl Ether
of Alkanetriol
Polymer (93-458)
NPRM: Certain
Chemical
Substances
(91-1299/95-1667
91-129891-1297)
NPRM; Certain
Chemical
Substances—
(P01-759,
P05-555, P07-283)
Direct Final Action:
Certain Chemical
Substances, Batch
FY08-1
Direct Final Action,
Certain Chemical
Substances, Batch
FY09-1
Final; Certain
Chemical
Substances—
(P01-759,
P05-555, P07-283)
Direct Final Action:
Certain Chemical
Substances, Batch
FY09-2
NPRM Reproposal for
2 Carbon
Nanotubes
NPRM Revocation
Batch FY10-01
Direct Final Action
Batch 10-01
NPRM for 1 Carbon
Nanotube
Direct Final Action
Batch FY10-02
Final Action For 2
Carbon Nanotubes
Final Action for 1
Carbon Nanotube
Direct Final Action
Batch FY10-03
Direct Final Action
Batch FY10-04
06/06/94 59 FR29255 Small Entities Affected: Businesses
Government Levels Affected: None
12/19/94 59 FR 65289
06/26/97 62 FR 34421
06/09/08 73 FR 32508
11/05/08 73 FR 65743
06/24/09 74 FR 29982
07/08/09 74 FR 32460
09/18/09 74 FR 47877
11/06/09 74 FR 57430
12/31/09
02/01/10
02/03/10
04/00/10
04/00/10
04/00/10
05/00/10
09/00/10
74 FR 69320
75 FR 4983
75 FR 5546
Additional Information: SAN No. 3495;
EPA publication information: NPRM;
Certain Chemical Substances — (P01-
759, P05-555, P07-283) -
http://www.epa.gov/fedrgstr/ EPA-
TOX/2008/June/Day-09/tl2862.pdf.
Sectors Affected: 325 Chemical
Manufacturing; 324 Petroleum and Coal
Products Manufacturing
URL For More Information:
www.epa.gov/opptintr/newchems/
pubs/cnosnurs.htm
Agency Contact: Karen Chu,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-8773
Fax: 202 564-9490
Email: chu.karen@epa.gov
Tracey Klosterman, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405M, Washington, DC
20460
Phone: 202 564-2209
Fax: 202 564-9490
Email: klosterman.tracey@epa.gov
RIN: 2070-AB27
810. SIGNIFICANT NEW USE RULE
FOR CHLORANIL
Priority: Other Significant
Legal Authority: 15 USC 2607 TSCA
8
CFR Citation: 40 CFR 721
Legal Deadline: None
Abstract: Chloranil is used as a basic
feedstock for certain dyes and pigments
and in the production of rubber tires.
Chloranil was one of the chemicals
112
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Spring 2010 Semiannual Regulatory Agenda
EPA—Toxic Substances Control Act (TSCA)
Final Rule Stage
identified for testing in the
Dioxin/Furan (D/F) test rule. Early
testing results revealed that dioxin
levels in Chloranil could vary by more
than two orders of magnitude
depending on the chemical
manufacturing process involved. It
appeared that the "low dioxin"
manufacturing process could produce
Chloranil with dioxin contamination
levels below 20 ppb TEQ. Based on this
information, EPA entered into a formal
agreement with Chloranil importers
(there was no domestic production of
"high dioxin" Chloranil) to only import
Chloranil made through the "low
dioxin" process. As a follow up to this
agreement, a Chloranil Significant New
Use Rule (SNUR) was proposed in
1993. Under the provisions of the draft
SNUR any Chloranil imported or
domestically produced with dioxin
contamination levels greater than 20
ppb TEQ would be considered a new
use and require reporting under Sec.
5(a)(l)(A) of the Toxic Substances
Control Act. In the SNUR proposal,
EPA stated that it would not
promulgate a final rule until it had all
of the D/F test rule data. EPA accepted
the final test rule data in June of 2001.
The test rule requirements continue to
apply to any new manufacturer or
importer of Chloranil. No new importer
or manufacturer has identified
themselves, although EPA has received
inquiries from time to time about the
applicability of the test rule to new
imports. EPA therefore believes that all
importation of Chloranil is still covered
under the formal agreements and that
there is no current import or domestic
manufacture of high dioxin Chloranil.
Because a significant time has passed
since proposal, the Agency reopened
the comment period in 2007. EPA is
currently formulating the final rule.
Timetable:
Action
NPRM Original
Reopening of
Comment Period
Comment Period End
Final Action
Date FR Cite
05/12/93 58 FR 27986
01/30/07 72 FR 4224
02/21/07
05/00/1 0
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No.
1923.1; EPA publication information:
Reopening of Comment Period -
http://www.epa.gov/fedrgstr/ EPA-
TOX/2007/ January/Day-30/tl413.htm;
Split from RIN 2070-AA58; EPA Docket
information: EPA—HQ—OPPT—2006—
0795.
Agency Contact: Dwain Winters,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7404T, Washington,
DC 20460
Phone: 202 566-1977
Fax: 202 566-0470
Email: winters.dwain@.epa.gov
Brian Symmes, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7404T, Washington, DC
20460
Phone: 202 566-1983
Fax: 202 566-0470
Email: symmes.brian@epa.gov
RIN: 2070-AJ31
811. TEST RULE; CERTAIN
CHEMICALS ON THE ATSDR
PRIORITY LIST OF HAZARDOUS
SUBSTANCES
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2603 TSCA
4
CFR Citation: 40 CFR 790 to 799
Legal Deadline: None
Abstract: On October 20, 2006 (71 FR
61926), EPA proposed a Test Rule for
Certain Chemicals on the Agency for
Toxic Substances and Disease Registry
(ATSDR)/EPA Comprehensive
Environmental Response Compensation
and Liability Act (CERCLA) Priority
List of Hazardous Substances for the
consideration of testing for four
chemicals (hydrogen and sodium
cyanide, chloroethane, and methylene
chloride). The chemicals are listed on
the ATSDR/EPA priority list of
hazardous substances, which is
compiled under the CERCLA. The
chemicals are also listed as hazardous
air pollutants (HAPs) under section 112
of the Clean Air Act (CAA). In the
proposal for this test rule, EPA
explained that the principal reason EPA
proposed to use its TSCA section 4
authority to obtain data was to support
ATSDR's Substance-Specific Applied
Research Program, a program for
collecting data and other information
needed for developing health
assessments pursuant to CERCLA, 42
U.S.C. section 9601 et seq. ATSDR had
referred the chemicals subject to the
proposed rule to EPA under the
authority of section 104(i) of CERCLA,
42 U.S.C. section 96040). Since then,
ATSDR informed EPA that it no longer
needed EPA to finalize this rule.
Therefore, EPA plans to withdraw the
proposal. This withdrawal, however
does not preclude the Agency from
initiating the same or similar
rulemaking at a future date. EPA is
currently developing efforts to
strengthen the Agency's chemical
management program under TSCA by
ramping up efforts to assess, prioritize
and take action on existing chemicals.
EPA may address potential concerns
with these chemicals as part of this
enhanced effort.
Timetable:
Action
Date FR Cite
NPRM
NPRM Extension of
Comment Period
NPRM Comment
Period End
NPRM Comment
Period Extended
End
Notice
10/20/06 71 FR61926
12/18/06 71 FR 75704
12/19/06
03/19/07
05/00/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 2563;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/ EPA-
AIR/2006/ October/Day-20/al7569.htm;
EPA Docket information: EPA-HQ-
OPPT-2002-0073.
Sectors Affected: 325 Chemical
Manufacturing; 32411 Petroleum
Refineries
URL For More Information:
www.epa.gov/oppt/chemtest
Agency Contact: Robert Jones,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-8161
Email: jones.robert@epa.gov
Mike Mattheisen, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405M, Washington, DC
20460
Phone: 202 564-3077
Fax: 202 564-4765
Email: mattheisen.mike@epa.gov
RIN: 2070-AB79
113
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Spring 2010 Semiannual Regulatory Agenda
EPA—Toxic Substances Control Act (TSCA)
Final Rule Stage
812. TEST RULE; HAZARDOUS AIR
POLLUTANTS (HAPS)
Priority: Info./Admin./Other
Legal Authority: 15 USC 2603 TSCA
4
CFR Citation: 40 CFR 790 to 799
Legal Deadline: None
Abstract: The 1996 proposed Test Rule
for Hazardous Air Pollutants proposed
to require manufacturers and processors
of 21 hazardous air pollutants (HAPs)
to test their chemicals for certain health
effects. EPA also solicited proposals for
Enforceable Consent Agreements
(EGAs) regarding the performance of
pharmacokinetics studies which would
permit extrapolation from oral data to
predict risk from inhalation exposure.
The data would have primarily been
used to implement several provisions
of section 112 of the Clean Air Act
(CAA), including determining residual
risk, estimating risks associated with
accidental releases of chemicals, and
determining whether or not substances
should be removed from the CAA
section 112(b)(l). EPA's Office of Air
Quality Planning and Standards
(OAQPS), along with EPA's Office of
Research and Development (ORD),
informed EPA that it would not be
prudent to expend resources to finalize
this rule. EPA is also withdrawing this
proposed action because the original
proposal was issued in 1996 and the
Agency has determined that the record
does not address recent scientific
information developed since the
original proposal. This withdrawal,
however, does not preclude the Agency
from initiating the same or similar
rulemaking at a future date. EPA is
currently developing efforts to
strengthen the agency's chemical
management program under the Toxics
Substances and Control Act (TSCA) by
ramping up efforts to assess, prioritize
and take action on existing chemicals.
As part of this enhanced effort EPA
will consider how best to address
potential concerns with these
chemicals, which would include using
scientific information and data
developed since the rule was proposed.
Timetable:
Action
Date FR Cite
Action
Date
FR Cite
NPRM
06/26/96 61 FR33178
NPRM Comment 12/23/96
Period End
Supplemental NPRM 12/24/97 62 FR 67466
Supplemental NPRM 02/09/98
Comment Period
End
Supplemental NPRM 04/21/98 63 FR 19694
2
Supplemental NPRM 06/22/98
2 Comment Period
End
Notice 05/00/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 3487;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/ EPA-
TOX/1996/ June/Day-26/pr-
24153DIR/pr-24153.pdf.
Sectors Affected: 325 Chemical
Manufacturing; 32411 Petroleum
Refineries
URL For More Information:
www.epa.gov/oppt/chemtest
Agency Contact: John Schaeffer,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-8173
Fax: 202 564-4765
Email: schaeffer.john@epa.gov
Bob Jones, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7405M,
Washington, DC 20460
Phone: 202 564-8161
Fax: 202 564-4765
Email: jones.robert@epa.gov
RIN: 2070-AC76
813. AMENDMENTS TO THE
PROCEDURAL RULES FOR
ENFORCEABLE CONSENT
AGREEMENTS (EGAS)
Priority: Substantive, Nonsignificant
Unfunded Mandates: Undetermined
Legal Authority: 15 USC 2603
CFR Citation: 40 CFR 790 to 799
Legal Deadline: None
Abstract: The proposed rule would
revise the procedures for negotiating
Enforceable Consent Agreements
(EGAs) to develop test data under the
Toxic Substances Control Act (TSCA).
The main features of the EGA process
that we will propose to change include
the following: when and how to initiate
negotiations; setting a firm deadline at
which negotiations will terminate;
revising (delete, modify, or consolidate)
several parts of 40 CFR part 790 to
place the EGA provisions in one section
and the Interagency Testing Committee
(ITC) provisions in a separate section;
clarifying that there is one EGA
negotiation procedure applicable to all
circumstances where an EGA is being
considered; and conforming changes in
other sections that reference the EGA
procedures. The EGA procedures were
established to provide an effective
alternative to TSCA section 4 test rule,
and provide a timely, efficient, and
enforceable means of working with
interested parties to gather test data on
chemicals under TSCA. Experience
with the procedures over the past two
decades indicates that several changes
need to be made to improve the EGA
process.
Timetable:
Action
Date
FR Cite
NPRM
NPRM Comment
Period End
Final Action
02/19/10 75 FR 7428
03/22/10
10/00/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5378;
None. NPRM -
http://www.regulations.gov/search/
Regs/home. htmlidocumentDetail?
R=0900006480aa83c8.
Agency Contact: Jessica Barkas,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 250-8880
Email: barkas.jessica@epa.gov
RIN: 2070-AJ59
114
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Spring 2010 Semiannual Regulatory Agenda
Environmental Protection Agency (EPA)
Toxic Substances Control Act (TSCA)
Long-Term Actions
814. ASBESTOS MODEL
ACCREDITATION PLAN REVISIONS
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2646 TSCA
206
CFR Citation: 40 CFR 763
Legal Deadline: None
Abstract: The Asbestos School Hazard
Abatement Reauthorization Act
(ASHARA) amended TSCA to require
that EPA revise its asbestos model
accreditation plan (MAP) to extend
training and accreditation requirements
to include persons performing certain
asbestos-related work in public or
commercial buildings to increase the
minimum number of training hours
required for accreditation purposes and
to effect other changes necessary to
implement the amendments. On
February 3, 1994, EPA issued an
interim final rule to revise the asbestos
MAP to clarify the types of persons
who must be accredited to work with
asbestos in schools and public or
commercial buildings; to increase the
minimum number of hours of training
for asbestos abatement workers and
contractor/supervisors, including
additional hours of hands-on health
and safety training; and to effect a
variety of other necessary changes as
mandated by section 15(a)(3) of the
ASHARA. This interim final rule
satisfied the statutory deadline. EPA
will continue to consider finalizing the
MAP rule and/or promulgating
regulatory revisions to sunset current
EPA MAP accreditations granted to
training providers.
Timetable:
Action
Date
FR Cite
Model Plan
Interim Final Action
Final Action
05/13/92 57 FR 20438
02/03/94 59 FR 5236
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: Federal,
Local, State, Tribal
Federalism: Undetermined
Additional Information: SAN No. 3148.
Sectors Affected: 611519 Other
Technical and Trade Schools
URL For More Information:
www.epa.gov/asbestos
Agency Contact: Robert Courtnage,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7404T, Washington,
DC 20460
Phone: 202 566-1081
Email: courtnage.robert@epa.gov
Shiela Canavan, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7404T, Washington, DC
20460
Phone: 202 566-1980
Email: canavan.shiela@epa.gov
RIN: 2070-AC51
815. • SHORT-CHAINED
CHLORINATED PARAFFINS (SCCPS);
REGULATION(S) UNDER TSCA
Priority: Other Significant
Unfunded Mandates: Undetermined
Legal Authority: Not Yet Determined
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: EPA is initiating action under
the Toxics Substances and Control Act
(TSCA) to ban or restrict the
manufacture, import, processing or
distribution in commerce, export, and
use of Short-Chained Chlorinated
Paraffins (SCCPs). EPA is concerned
with SCCPs because they are persistent,
bioaccumulative, and toxic to aquatic
organisms at low concentrations. They
can remain in the environment for a
significant amount of time and can
bioaccumulate in animal tissues,
increasing the probability and duration
of exposure. Even relatively small
releases of these chemicals from
individual facilities that manufacture
import, process or use these chemicals
or releases from waste management
facilities have the potential to
accumulate over time to higher levels
and cause significant adverse impacts
on the environment.
Timetable:
Action
Date
FR Cite
NPRM 07/00/11
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected:
Undetermined
Federalism: Undetermined
Additional Information: SAN No. 5429.
URL For More Information:
www.epa.gov/oppts
Agency Contact: Marc Edmonds,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7404T, Washington,
DC 20460
Phone: 202 566-0758
Email: edmonds.marc@epa.gov
Michelle Price, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7404T, Washington, DC
20460
Phone: 202 566-0744
Email: price.michelle@epa.gov
RIN: 2070-AJ69
816. REFRACTORY CERAMIC FIBERS
(RCFS)
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2604 TSCA
5; 15 USC 2605 TSCA 6
CFR Citation: 40 CFR 704; 40 CFR 721
Legal Deadline: None
Abstract: EPA has instituted a program
to monitor the commercial
development of existing chemicals of
concern and/or to gather information to
support risk assessments on such
chemicals including Refractory Ceramic
Fibers (RCFs). RCFs are amorphous
synthetic fibers that part of larger group
called synthetic vitreous fibers (SVFs).
RCFs are made by either "spinning" or
"blowing" and are used primarily for
high temperature industrial insulation
purposes (e.g., furnaces, heaters, kilns)
in addition to automotive applications,
aerospace uses, and in certain other
industrial applications. As chemicals of
potential concern are identified, EPA
will initiate rulemakings under the
Toxic Substances Control Act (TSCA)
when appropriate, to require reporting
by the manufacturers, importers and/or
processors of these chemicals.
Timetable:
Action
Date
FR Cite
NPRM Original
Final Action
03/21/94 59 FR 13294
12/00/11
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 3528.
Sectors Affected: 327999 All Other
Miscellaneous Nonmetallic Mineral
Product Manufacturing
URL For More Information:
www.epa.gov/oppt/existingchemicals/
115
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Spring 2010 Semiannual Regulatory Agenda
EPA—Toxic Substances Control Act (TSCA)
Long-Term Actions
Agency Contact: Robert Courtnage,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7404T, Washington,
DC 20460
Phone: 202 566-1081
Email: courtnage.robert@epa.gov
Peter Gimlin, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7404T,
Washington, DC 20460
Phone: 202 566-0515
Email: gimlin.peter@epa.gov
RIN: 2070-AC37
817. LEAD FISHING SINKERS;
RESPONSE TO CITIZENS' PETITION
AND PROPOSED BAN
Priority: Other Significant
Legal Authority: 15 USC 2605 TSCA
6
CFR Citation: 40 CFR 745
Legal Deadline: None
Abstract: In 1991, EPA issued an
advance notice of proposed rulemaking
in response to a citizens' petition filed
by the Environmental Defense Fund
(EOF), Federation of Fly Fishers,
Trumpeter Swan Society, and North
American Loon Fund under section 21
of the Toxic Substances Control Act
(TSCA), and the Administrative
Procedure Act (APA). The petition
asked EPA to initiate rulemaking
proceedings under section 6 of TSCA
to require that the sale of lead fishing
sinkers be accompanied by an
appropriate label or notice warning that
such products are toxic to wildlife. In
1994, EPA proposed a rule under
section 6(a) of TSCA to prohibit the
manufacturing, processing, and
distribution in commerce in the United
States, of certain smaller size fishing
sinkers containing lead and zinc, and
mixed with other substances, including
those made of brass. EPA intends to
re-evaluate the 1994 proposal.
Timetable:
Action
Date
FR Cite
05/13/91 56 FR 22096
03/09/94 59 FR 11122
To Be Determined
ANPRM
NPRM
Supplemental NPRM
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 3252.
URL For More Information:
www.epa.gov/oppt/lead/
Agency Contact: Doreen Cantor,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7404T, Washington,
DC 20460
Phone: 202 566-0486
Fax: 202 566-0471
Email: cantor.doreen@epa.gov
Julie Simpson, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7404T, Washington, DC
20460
Phone: 202 566-1980
Email: simpson.julie@epa.gov
RIN: 2070-AC21
818. LEAD-BASED PAINT ACTIVITIES;
BRIDGES AND STRUCTURES;
TRAINING, ACCREDITATION, AND
CERTIFICATION RULE AND MODEL
STATE PLAN RULE
Priority: Other Significant. Major status
under 5 USC 801 is undetermined.
Unfunded Mandates: Undetermined
Legal Authority: 15 USC 2682; 15 USC
2684; PL 102-550 sec 402; PL 102-550
sec 404
CFR Citation: 40 CFR 745
Legal Deadline: None
Abstract: The Residential Lead-Based
Paint Hazard Reduction Act of 1992
amended the Toxic Substances Control
Act (TSCA) to require EPA to
promulgate regulations governing lead-
based paint (LBP) activities to ensure
that individuals engaged in such
activities are properly trained, that LBP
training programs are accredited, and
that contractors engaged in such
activities are certified. In addition, EPA
must promulgate a Model State
program which may be adopted by any
State which seeks to administer and
enforce a State Program. EPA
promulgated regulations for LBP
activities in target housing and child
occupied facilities as well as training
and certification of training programs
for LBP activities in 1996 (see 40 CFR
745). Regulations for LBP activities in
public and commercial buildings and
bridges and other structures are still
under development.
Timetable:
Action
Date
FR Cite
NPRM
To Be Determined
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: Federal,
Local, State, Tribal
Federalism: Undetermined
Additional Information: SAN No. 4376.
Sectors Affected: 23411 Highway and
Street Construction; 611519 Other
Technical and Trade Schools
URL For More Information:
www.epa.gov/oppt/lead
Agency Contact: Cindy Wheeler,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7404T, Washington,
DC 20460
Phone: 202 566-0484
Email: wfheeler.cindy@epa.gov
Michelle Price, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7404T, Washington, DC
20460
Phone: 202 566-0744
Email: price.michelle@epa.gov
RIN: 2070-AC64
819. • LEAD WHEEL WEIGHTS;
REGULATORY INVESTIGATION
Priority: Other Significant
Unfunded Mandates: Undetermined
Legal Authority: Not Yet Determined
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: In 2009, EPA initiated a
proceeding under Toxics Substances
and Control Act (TSCA) to investigate
potential lead hazards associated with
the manufacture, processing, and
distribution in commerce of lead wheel
balancing weights ("wheel weights").
Lead is highly toxic, especially to
young children. According to a U.S.
Geological Survey study in 2003,
65,000 tons of lead wheel weights were
in use in the United States and
approximately 2,000 tons of these
weights were lost from vehicles into the
environment. Voluntary actions on the
part of U.S. auto manufactures and an
European Union ban on their use has
reduced the number of lead wheel
weights, but they continue to be the
predominate product in the tire
replacement market.
116
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Spring 2010 Semiannual Regulatory Agenda
EPA—Toxic Substances Control Act (TSCA)
Long-Term Actions
Timetable:
Action
Date FR Cite
NPRM
05/00/11
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: Local,
State, Tribal
Federalism: Undetermined
Additional Information: SAN No. 5398.
URL For More Information:
\vwrwf.epa.gov/lead
Agency Contact: Mark Henshall,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7404T, Washington,
DC 20460
Phone: 202 566-0523
Fax: 202 566-0471
Email: henshall.mark@epa.gov
Michelle Price, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7404T, Washington, DC
20460
Phone: 202 566-0744
Email: price.michelle@epa.gov
RIN: 2070-AJ64
820. MERCURY; REGULATION OF
USE IN CERTAIN PRODUCTS
Priority: Other Significant. Major status
under 5 USC 801 is undetermined.
Unfunded Mandates: Undetermined
Legal Authority: 15 USC 2605
CFR Citation: 40 CFR 750
Legal Deadline: None
Abstract: Mercury is well-documented
as a toxic, environmentally persistent
substance that demonstrates the ability
to bioaccumulate and to be
atmospherically transported on a local,
regional, and global scale. In addition,
mercury can be environmentally
transformed into methylmercury, which
biomagnifies and is highly toxic. EPA
has conducted a preliminary analysis
via the Risk-Based Prioritization of
Mercury in Certain Products. By
compiling data pertaining to the stated
costs, advantages, and disadvantages
associated with mercury-free
alternatives to certain mercury-
containing products, EPA made a
preliminary judgment that effective and
economically feasible alternatives exist.
These products include switches,
relays/contactors, flame sensors, button
cell batteries, and measuring devices
(e.g., non-fever thermometers,
manometers, barometers, pyrometers,
flow meters, and
psychrometers/hygrometers). Therefore,
EPA is evaluating whether an action (or
combination of actions) under Toxic
Substances Control Act (TSCA) is
appropriate for mercury used in such
products. As appropriate, such an
action(s) would involve a group (s) of
these products. Specifically, EPA will
determine whether the continued use
of mercury in one or more of these
products would pose an unreasonable
risk to human health and the
environment.
Timetable:
Action
Date
FR Cite
NPRM
08/00/11
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected:
Undetermined
Federalism: Undetermined
International Impacts: This regulatory
action will be likely to have
international trade and investment
effects, or otherwise be of international
interest.
Additional Information: SAN No. 5312.
URL For More Information:
wrwrwr.epa.gov/mercury
Agency Contact: Thomas Groeneveld,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7404T, Washington,
DC 20460
Phone: 202 566-1188
Fax: 202 566-0469
Email: groeneveld.thomas@epa.gov
Lynn Vendinello, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7404 T, Washington, DC
20460
Phone: 202 566-0514
Email: vendinello.lynn@epa.gov
RIN:2070-AJ46
821. POLYCHLORINATED BIPHENYLS
(PCBS); PLACEHOLDER FOR
PETITIONS SEEKING A
MANUFACTURING (IMPORT)
EXEMPTION FOR USE
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2605 TSCA
6(e)(3)(B)
CFR Citation: 40 CFR 761
Legal Deadline: None
Abstract: Section 6(e)(3)(B) of the
Toxic Substances Control Act (TSCA)
provides that the Administrator may
grant, by rule, exemptions from the
prohibitions against manufacturing,
processing and distribution in
commerce of poly chlorinated
biphenyls (PCBs) upon finding that 1)
no unreasonable risk to health or the
environment will occur, and 2) good
faith efforts have been made by the
petitioner to develop a substitute for
PCB which does not pose an
unreasonable risk of injury to health or
the environment. This Regulatory
Agenda entry is intended to capture
petitions that request an exemption to
use PCBs. These petitions are managed
by the Office of Pollution Prevention
and Toxics. Petitions that request an
exemption to dispose of PCBs are
managed by the Office of Solid Waste,
and are captured by a separate
Regulatory Agenda entry. Currently, no
petitions are pending.
Timetable:
Action
Date FR Cite
NPRM
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected:
Undetermined
Additional Information: SAN No. 2150
URL For More Information:
www.epa.gov/pcb
Agency Contact: Peter Gimlin,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7404T, Washington,
DC 20460
Phone: 202 566-0515
Email: gimlin.peter@epa.gov
Lynn Vendinello, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7404 T, Washington, DC
20460
117
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Spring 2010 Semiannual Regulatory Agenda
EPA—Toxic Substances Control Act (TSCA)
Long-Term Actions
Phone: 202 566-0514
Email: vendinello.lynn@epa.gov
Related RIN: Previously reported as
2070-AB20
RIN: 2070-AJ39
822. TSCA POLICY STATEMENT ON
OVERSIGHT OF TRANSGENIC
ORGANISMS (INCLUDING PLANTS)
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2604
CFR Citation: 40 CFR 720
Legal Deadline: None
Abstract: As a follow-up to the final
Biotechnology Rule under the Toxic
Substances Control Act (TSCA) EPA is
considering whether to address TSCA
oversight of transgenic plants and other
organisms. Recent information indicates
that transgenic plants and other
organisms are being developed for uses
which appear to be subject to TSCA
jurisdiction. For example, plants are
being genetically modified to produce
industrial grade, rather than food grade,
oils. Many of these plants are subject
to oversight by the Animal and Plant
Health Inspection Service (APHIS) of
the U.S. Department of Agriculture
while being tested in the environment.
Following APHIS approval of a petition
for non-regulated status filed pursuant
to APHIS' regulations implementing the
Federal Plant Pest Act at 7 CFR part
340, however, these plants cease to be
subject to regulation by USDA.
Additionally, transgenic animals that
are not under the jurisdiction of Food
and Drug Administration (FDA) appear
to be subject to TSCA. Such animals
may be genetically improved livestock
for commercial purposes. The policy
statement would address whether EPA
should exercise jurisdiction under
TSCA over such transgenic organisms
prior to their commercial use.
Timetable:
Action
Date
FR Cite
NPRM To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Organizations
Government Levels Affected: Federal
Additional Information: SAN No. 4598.
URL For More Information:
Agency Contact: Ken Moss,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-9232
Fax: 202 564-9490
Email: moss.kenneth@epa.gov
RIN: 2070-AD53
823. FORMALDEHYDE EMISSIONS
FROM PRESSED WOOD PRODUCTS
Priority: Other Significant. Major status
under 5 USC 801 is undetermined.
Unfunded Mandates: Undetermined
Legal Authority: 15 USC 2605 TSCA
6
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: In 2008, EPA initiated a
proceeding under Toxics Substance and
Control Act (TSCA) to investigate risks
posed by formaldehyde emitted from
pressed wood products. The advance
notice of proposed rulemaking
(ANPRM) sought to engage stakeholders
to contribute to obtaining a better
understanding of the available control
technologies and approaches, industry
practices, and the implementation of
California's regulations. EPA also plans
to conduct an industry survey and
initiate development of an exposure
assessment and an irritation hazard
characterization that could be used for
evaluating emissions standards or other
approaches. Subsequently, EPA plans
to develop an irritation risk assessment
and will analyze potential costs and
benefits. At the conclusion of this
work, EPA anticipates determining
whether it should take action, which
may include action under TSCA, or
through other approaches. As EPA
evaluates risks and options, EPA
intends to continue to engage the
public and stakeholders.
Timetable:
Action
Date
FR Cite
12/03/08 73 FR 73621
01/30/09 74 FR 5632
02/02/09
ANPRM
ANPRM Comment
Period Extended
ANPRM Comment
Period End
ANPRM Comment 03/19/09
Period Extended To
Notice/NPRM 07/00/12
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected:
Undetermined
Federalism: Undetermined
International Impacts: This regulatory
action will be likely to have
international trade and investment
effects, or otherwise be of international
interest.
Additional Information: SAN No. 5287;
EPA publication information: ANPRM
- http://www.epa.gov/fedrgstr/ EPA-
TOX/2008/ December/Day -
03/t28585.pdf; EPA Docket information:
EPA-HQ-OPPT-2008-0627.
URL For More Information:
www.epa.gov/opptintr/chemtest/
form aldehyde/index.html
Agency Contact: Cindy Wheeler,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7404T, Washington,
DC 20460
Phone: 202 566-0484
Email: wheeler.cindy@epa.gov
Lynn Vendinello, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7404 T, Washington, DC
20460
Phone: 202 566-0514
Email: vendinello.lynn@epa.gov
RIN: 2070-AJ44
824. TESTING OF EXISTING
CHEMICALS (OVERVIEW ENTRY FOR
FUTURE NEEDS)
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2603 TSCA
4; 15 USC 2611 TSCA 12
CFR Citation: 40 CFR 790 to 799
Legal Deadline: None
Abstract: Section 4 of Toxics
Substances and Control Act (TSCA)
gives EPA the authority to require
chemical manufacturers and processors
to test existing chemicals. Under
Section 4, EPA can by rule require
testing after finding that (1) a chemical
may present an unreasonable risk of
injury to human health or the
environment, and/or the chemical is
produced and enters the environment
in substantial quantities or there is or
may be significant or substantial human
exposure to the chemical, (2) the
available data to evaluate the chemical
are inadequate, and (3) testing is
needed to develop the needed data. The
Chemical Testing Program in EPA's
118
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Spring 2010 Semiannual Regulatory Agenda
EPA—Toxic Substances Control Act (TSCA)
Long-Term Actions
Office of Pollution Prevention and
Toxics (OPPT) also works with
members of the U.S. chemical industry
to develop data via TSCA Section 4
Enforceable Consent Agreements
(EGAs). EGAs are usually less resource
intensive than formal TSCA rule-
making. In developing EGAs, EPA may
consider agreed-upon pollution
prevention and other types of product
stewardship initiatives by the chemical
industry as a possible substitute for or
adjunct to certain types of testing. The
Agency may also consider test rules or
EGAs for chemicals or categories of
chemicals which have been identified
for testing consideration by other
Federal or other EPA offices through
EPA review processes. This regulatory
agenda entry is considered a "generic
entry" because it is intended to alert
the public that within the next 6
months the Agency may consider other
chemicals for test rules, EGAs that are
not yet identified. A separate activity
specific entry will be included in the
regulatory agenda once the Agency
decides to develop a test rule or EGA.
Timetable:
Action
Date FR Cite
ANPRM
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 3493.
Sectors Affected: 325 Chemical
Manufacturing; 32411 Petroleum
Refineries
URL For More Information:
www.epa.gov/oppt/chemtest
Agency Contact: Mike Mattheisen,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-3077
Fax: 202 564-4765
Email: mattheisen.mike@epa.gov
RIN: 2070-AB94
825. TEST RULE; MULTIPLE
SUBSTANCE RULE FOR THE
TESTING OF DEVELOPMENTAL AND
REPRODUCTIVE TOXICITY
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2603 TSCA
4; 15 USC 2625 TSCA 26
CFR Citation: 40 CFR 790 to 799; 40
CFR 704
Legal Deadline: None
Abstract: On March 4, 1991, EPA
issued a proposed Toxics Substances
and Control Act (TSCA) Section 4 Test
Rule to require testing of 12 chemicals
for developmental and/or reproductive
effects. Since issuing that proposed
rule, 11 of the subject chemical
substances have been sponsored under
the International Organisation for
Economic Co-Operation and
Development (OECD) HPV Screening
Information Data Set (SIDS) Program,
EPA's voluntary HPV Chemical
Challenge Program, and/or the
International Council of Chemical
Associations (ICCA). Information
obtained under these various data
collection/development programs will
be used to inform EPA's decision
regarding the need to re-propose and
ultimately finalize this Test Rule for
some or all of the subject chemicals
and for which endpoints they should
be tested.
Timetable:
Action
Date FR Cite
03/04/91 56 FR 9092
To Be Determined
NPRM Original
NPRM—Reproposal
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 4395.
Sectors Affected: 325 Chemical
Manufacturing; 32411 Petroleum
Refineries
URL For More Information:
www.epa.gov/oppt/chemtest
Agency Contact: Catherine Roman,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-8172
Fax: 202 564-4765
Email: roman.catherine@epa.gov
Mike Mattheisen, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405M, Washington, DC
20460
Phone: 202 564-3077
Fax: 202 564-4765
Email: mattheisen.mike@epa.gov
RIN: 2070-AD44
826. TESTING AGREEMENT FOR
ARYL PHOSPHATES (ITC LIST 2)
Priority: Info./Admin./Other
Legal Authority: 15 USC 2603 TSCA
4
CFR Citation: 40 CFR 790 to 799
Legal Deadline: None
Abstract: EPA published a proposed
test rule under section 4 of the Toxics
Substances and Control Act (TSCA) in
1992 covering a number of aryl
phosphate base stocks. On March 30,
1993, EPA announced initiation of
negotiations with the Aryl Phosphates
Panel of the Chemical Manufacturers
Association (now the American
Chemistry Council or ACC) to develop
a TSCA Section 4 Enforceable Consent
Agreement (EGA) for aryl phosphate
base stocks as an alternative approach
to testing under the proposed rule (58
FR 16669). On October 9, 1998, EPA
sent letters to the Chief Executive
Officers of companies, including those
who were participating in the
development of this EGA, to announce
EPA's High Production Volume (HPV)
Challenge Program. Consistent with the
International Organisation for Economic
Co-Operation and Development (OECD)
Screening Information Data Set (SIDS)
Program, EPA's HPV Challenge Program
encourages U.S. chemical producers
and importers to voluntarily provide
existing screening level data, or, if none
exist, to develop such data on U.S. HPV
chemicals. Because some overlap of
testing in the HPV Challenge and this
EGA initiative were identified, the
industry committed to develop the
screening level data for the HPV
Challenge Program before continuing
with further development of the EGA.
In this way, results from the HPV
Challenge program would feed back
into consideration of needs for the EGA
testing and, where possible, could avert
some or all of the potential overlap
testing. EPA is evaluating the need for
any additional testing of the subject
aryl phosphate base stocks under an
EGA or rulemaking.
Timetable:
Action
Date
FR Cite
ANPRM 12/29/83 48 FR 57452
NPRM 01/17/92 57 FR 2138
Notice: Enforcable To Be Determined
Consent Agreement
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
119
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Spring 2010 Semiannual Regulatory Agenda
EPA—Toxic Substances Control Act (TSCA)
Long-Term Actions
Government Levels Affected: Federal
Additional Information: SAN No.
3493.2.
URL For More Information:
www.epa.gov/oppt/chemtest
Agency Contact: Mike Mattheisen,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-3077
Fax: 202 564-4765
Email: mattheisen.mike@epa.gov
John Schaeffer, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405M, Washington, DC
20460
Phone: 202 564-8173
Fax: 202 564-4765
Email: schaeffer.john@epa.gov
RIN: 2070-AJ07
827. TEST RULE; NONYLPHENOL (NP)
AND ITS ETHOXYLATES (NPE)
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2603 TSCA
4
CFR Citation: 40 CFR 790 to 799
Legal Deadline: Other, Statutory, June
30, 2009, Settlement Agreement
Deadline for Signature on ANPRM.
Abstract: This rulemaking proceeding
was initiated in response to a citizens'
petition filed in June 2007 under
section 21 of the Toxic Substances
Control Act (TSCA) requesting that EPA
require manufacturers and importers of
nonylphenol (NP) and nonylphenol
ethoxylates (NPEs) to conduct certain
health and safety studies under TSCA
section 4. Based on its review of the
information submitted in support of the
petition, additional information
obtained by EPA, and public
comments, EPA granted the request to
initiate a proceeding to require chronic
aquatic toxicity testing. In order to
develop a properly tailored test
requirement that would provide EPA
with sufficient data to make a reasoned
evaluation of the environmental effects
of NPEs, EPA commenced the
proceeding by issuing an advance
notice of proposed rulemaking
(ANPRM) on June 15, 2009, that solicits
public comment on several testing
issues prior to the issuance of any
proposed rule. The public comment
period for the ANPRM ended on
September 15, 2009, and EPA is now
evaluating the need to propose a TSCA
section 4 Test Rule.
Timetable:
Action
Date FR Cite
ANPRM
ANPRM Comment
Period End
NPRM
06/17/09 74 FR 28654
09/15/09
12/00/11
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5187;
EPA publication information: ANPRM
- http://www.epa.gov/fedrgstr/ EPA-
TOX/2009/June/Day-17/tl4250.pdf;
EPA Docket information: EPA—HQ—
OPPT—2007—0490.
URL For More Information:
www.epa.gov/opptintr/chemtest
Agency Contact: John Schaeffer,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-8173
Fax: 202 564-4765
Email: schaeffer.john@epa.gov
Mike Mattheisen, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405M, Washington, DC
20460
Phone: 202 564-3077
Fax: 202 564-4765
Email: mattheisen.mike@epa.gov
RIN: 2070-AJ34
828. TSCA SECTION 8(A)
PRELIMINARY ASSESSMENT
INFORMATION RULES
Priority: Routine and Frequent
Legal Authority: 15 USC 2607(a)
"TSCA 8(a)"
CFR Citation: 40 CFR 712
Legal Deadline: None
Abstract: These rules add chemicals to
the list of chemicals and designated
mixtures subject to the requirements of
the Toxic Substances Control Act
section 8(a) Preliminary Assessment
Information Rule (40 CFR part 712).
These chemicals have been identified
by the Office of Pollution Prevention
and Toxics, other EPA offices, and
other Federal agencies, as well as
recommended for testing consideration
by the Interagency Testing Committee.
Manufacturers and importers are
required to submit exposure-related
data (EPA Form No. 7710-35) on the
chemicals. The data will be used to
monitor the levels of production,
import and/or processing of the
identified substances and the avenues
of human and environmental exposure
to these substances. This Regulatory
Agenda entry identifies the most recent
rules and any anticipated rules.
Timetable:
Action
Date FR Cite
Final Rule for 55th, 08/16/06 71 FR 47122
56th and 58th ITC
Lists
Final Action—Next To Be Determined
ITC List
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 2178;
EPA publication information: Final
Rule for 55th, 56th and 58th ITC Lists
- http://www.epa.gov/fedrgstr/ EPA-
TOX/2006/ August/Day-16/tl3489.htm.
Sectors Affected: 325 Chemical
Manufacturing; 32411 Petroleum
Refineries
URL For More Information:
www.epa.gov/oppt/chemtest
Agency Contact: Gerry Brown,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-8086
Fax: 202 564-4765
Email: brown.gerry@epa.gov
John Schaeffer, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405M, Washington, DC
20460
Phone: 202 564-8173
Fax: 202 564-4765
Email: schaeffer.john@epa.gov
RIN: 2070-AB08
829. TSCA SECTION 8(D) HEALTH
AND SAFETY DATA REPORTING
RULES
Priority: Routine and Frequent
Legal Authority: 15 USC 2607(d)
"TSCA 8(d)"
120
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Spring 2010 Semiannual Regulatory Agenda
EPA—Toxic Substances Control Act (TSCA)
Long-Term Actions
CFR Citation: 40 CFR 716
Legal Deadline: None
Abstract: These rules require chemical
manufacturers, importers, and
processors to submit unpublished
health and safety data on chemicals
added to the Toxic Substances Control
Act (TSCA) section 8(d) Health and
Safety Data Reporting Rule (40 CFR
part 716). These chemicals have been
identified by the Office of Pollution
Prevention and Toxics, other EPA
offices, and other Federal agencies, as
well as recommended for testing
consideration by the Interagency
Testing Committee (ITC). This
Regulatory Agenda entry serves as a
placeholder for future rules, and, when
applicable, identifies the most recent
rules and any anticipated rules.
Timetable:
Action
Date FR Cite
Final Rule for 60th ITC 01/29/08 73 FR 5109
List
Final Action—Next To Be Determined
ITC List
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 1139;
EPA publication information: Final
Rule for 60th ITC List -
http://www.epa.gov/fedrgstr/ EPA-
TOX/2008/January/Day-29/tl546.pdf.
Sectors Affected: 325 Chemical
Manufacturing; 32411 Petroleum
Refineries
URL For More Information:
www.epa.gov/oppt/chemtest
Agency Contact: Gerry Brown,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-8086
Fax: 202 564-4765
Email: browfn.gerry@epa.gov
John Schaeffer, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405M, Washington, DC
20460
Phone: 202 564-8173
Fax: 202 564-4765
Email: schaeffer.john@epa.gov
RIN: 2070-ABll
830. • TSCA REPORTING
REQUIREMENTS; MINOR REVISIONS
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2601 et seq
CFR Citation: 40 CFR 799
Legal Deadline: None
Abstract: EPA is proposing to make
minor changes to three existing
reporting requirements under Toxic
Substances Control Act to reduce
reporting burdens and to clarify
reporting to provide for quicker review
of health and environmental data for
more effective protection of public
health and the environment.
Specifically, the changes involve 40
CFR 790.5, entitled "Submission of
Information"; 40 CFR 792.185, entitled
"Reporting of Study Results"; and 40
CFR 712.28, entitled "Forms and
Instructions." The changes under
consideration include the elimination
of the requirement for six copies to be
submitted; the addition of a
requirement for including "Robust
Summaries" of test results with the
submission of test data; and the use of
the Inventory Update Rule Form to
format the submission of preliminary
assessment information in response to
chemical information rules.
Timetable:
Action
Date FR Cite
NPRM 05/00/11
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Federalism: Undetermined
Additional Information: SAN No. 5401.
URL For More Information:
www.epa.gov/opptintr/chemtest/pubs/
sct4rule.html
Agency Contact: Gerry Brown,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-8086
Fax: 202 564-4765
Email: browfn.gerry@epa.gov
Mike Matthiesien, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405M, Washington, DC
20460
Phone: 202 564-1253
Fax: 202 564-4765
Email: mattheisen.mike@epa.gov
RIN: 2070-AJ63
831. LEAD-BASED PAINT;
AMENDMENTS TO THE
REQUIREMENTS FOR DISCLOSURE
OF KNOWN LEAD-BASED PAINT OR
LEAD-BASED PAINT HAZARDS IN
TARGET HOUSING
Priority: Other Significant
Legal Authority: 42 USC 4852d
CFR Citation: 40 CFR 745.100 to
745.119
Legal Deadline: None
Abstract: EPA intends to amend
existing requirements to clarify to
which target housing transactions the
rule applies, add or clarify definitions
of important terms, clarify the
disclosure responsibilities of agents,
clarify what information must be
disclosed, clarify recordkeeping
requirements to support enforcement,
and amend existing regulatory text to
resolve some inconsistent
interpretations and to incorporate
interpretations that have been issued
through guidance. Small businesses and
State/local/tribal governments that sell
or lease target housing will be affected
in that they will need to become
familiar with new/revised requirements
that apply to these transactions.
Timetable:
Action
Date FR Cite
NPRM
06/00/12
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses,
Organizations
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No. 4777.
Sectors Affected: 92511
Administration of Housing Programs;
53111 Lessors of Residential Buildings
and Dwellings; 53121 Offices of Real
Estate Agents and Brokers; 522292 Real
Estate Credit; 531311 Residential
Property Managers
URL For More Information:
www.epa.gov/oppt/lead
Agency Contact: John Wilkins,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7404T, Washington,
DC 20460
Phone: 202 566-0477
121
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Spring 2010 Semiannual Regulatory Agenda
EPA—Toxic Substances Control Act (TSCA)
Long-Term Actions
Fax: 202 566-0471
Email: wilkins.john@epa.gov
Cindy Wheeler, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7404T, Washington, DC
20460
Phone: 202 566-0484
Email: wfheeler.cindy@epa.gov
RIN: 2070-AD64
832. EFFECTS OF TRANSFERS OF
OWNERSHIP ON OBLIGATIONS
UNDER SECTION 5 OF TSCA
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2604
CFR Citation: 40 CFR 720
Legal Deadline: None
Abstract: Companies frequently
transfer ownership or other rights with
respect to a chemical substance to a
different company or person. These
transfers may have regulatory
implications because of the transferor's
earlier submittal under the Toxic
Substances Control Act (the "Act") of
a premanufacture notice, a significant
new use notice or an exemption notice
to EPA for the chemical substance. The
Agency has not always required the
transferee to submit a new notice and
has allowed the transferee to
manufacture the chemical substance
under the original company's
authorization. Because there are no
rules or definitive guidance concerning
the procedures regarding transfer of
ownership, this issue has not been
addressed in a clear and consistent
manner. Furthermore, it is not always
clear when the transferee is liable
under the Act to the same extent as
the transferor. Therefore, to clarify
these issues, EPA is considering
whether to adopt a rule to accomplish
several purposes: (1) To provide a clear
procedural mechanism to address such
transfers; (2) to require the transferee
to specifically assume all of the legal
obligations associated with the
transferred right to manufacture; and
(3) to provide notice to the Agency of
a proposed transfer thereby allowing
the Agency to engage in more
meaningful compliance monitoring.
Timetable:
Action
Date FR Cite
NPRM
05/00/11
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: None
Additional Information: SAN No. 4975.
URL For More Information:
www.epa.gov/oppts
Agency Contact: Roy Seidenstein,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-9274
Fax: 202 564-9490
Email: seidenstein.roy@epa.gov
Greg Schweer, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405M, Washington, DC
20460
Phone: 202 564-8469
Email: schweer.greg@epa.gov
RIN: 2070-AJ15
Environmental Protection Agency (EPA)
Toxic Substances Control Act (TSCA)
Completed Actions
833. POLYCHLORINATED BIPHENYLS
(PCBS); MANUFACTURING (IMPORT)
EXEMPTION FOR DISPOSAL
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2605 TSCA
6(e)(3)(B)
CFR Citation: 40 CFR 761
Legal Deadline: None
Abstract: Section 6(e)(3)(B) of the
Toxic Substances Control Act (TSCA)
provides that the Administrator may
grant, by rule, exemptions from the
prohibitions against manufacturing,
processing and distribution in
commerce of PCBs upon finding that
1) no unreasonable risk to health or the
environment will occur, and 2) good
faith efforts have been made by the
petitioner to develop a substitute for
PCB which does not pose an
unreasonable risk of injury to health or
the environment. This entry is intended
to capture petitions that request an
exemption to dispose of PCBs. These
petitions are managed by the Office of
Resource Conservation and Recovery.
Any petitions for exemptions to
manufacture PCBs other than for
disposal are still managed by the Office
of Pollution Prevention and Toxics, and
are captured by a separate Regulatory
Agenda entry.
On November 14, 2006, Veolia ES
Technical Solutions, L.L.C., (Veolia)
submitted a rulemaking petition to the
U.S. Environmental Protection Agency
(EPA) requesting to import up to 20,000
tons of PCB waste from Mexico for
disposal at Veolia's TSCA-approved
facility in Port Arthur, Texas. Based on
the information available at that time,
EPA proposed to grant Veolia's request
in the proposed rule, Polychlorinated
Biphenyls: Manufacturing (Import)
Exemption for Veolia ES Technical
Solutions, LLC. Since that time, Veolia
submitted a request to withdraw its
petition from the rulemaking process.
Due to this request, EPA withdrew the
proposed rule on January 22, 2010. EPA
will not take any further action
regarding this petition.
Timetable:
Action
Date FR Cite
Action
Date
FR Cite
NPRM: Veolia Petition 03/06/08 73 FR 12053
NPRM Comment 04/21/08
Period End
Extension of Comment 04/21/08 73 FR 21299
Period Notice
Notice of Informal 05/19/08 73 FR 28786
Public Hearing
NPRM Comment 06/05/08
Period End
Withdrawal Notice: 01 /29/10 75 FR 4759
Veolia Petition
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
International Impacts: This regulatory
action will be likely to have
international trade and investment
effects, or otherwise be of international
interest.
Additional Information: SAN No.
2150.2; EPA publication information:
NPRM: Veolia Petition -
http://www.epa.gov/fedrgstr/ EPA-
TOX/2008/March/Day-06/t4429.pdf;
Split from RIN 2070-AB20; EPA Docket
information: EPA-HQ-RCRA-2 008-012 3.
122
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EPA—Toxic Substances Control Act (TSCA)
Completed Actions
URL For More Information:
www.epa.gov/waste/hazard/tsd/pcbs/
pubs/veolia.htm
Agency Contact: William Noggle,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5304P, Washington, DC 20460
Phone: 703 347-8769
Fax: 703 308-0514
Email: noggle.william@epamail.epa.gov
Frank McAlister, Environmental
Protection Agency, Solid Waste and
Emergency Response, 5304P,
Washington, DC 20460
Phone: 703 308-8196
Fax: 703 308-0514
Email: mcalister.frank@epa.gov
RIN: 2050-AG42
834. CLARIFICATION ON TSCA
INVENTORY STATUS OF ACTIVATED
PHOSPHORS
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2604
CFR Citation: 40 CFR 704; 40 CFR 720;
40 CFR 721; 40 CFR 723
Legal Deadline: None
Abstract: EPA is clarifying the
chemical identification of activated
phosphors for purposes of the Toxic
Substances Control Act (TSCA)
Chemical Substance Inventory (TSCA
Inventory). When an activated
phosphor chemical is electrically
excited, it emits light and the chemicals
are then used in applications such as
televisions, identifying counterfeit bills,
and light-emitting diodes (LEDs).
Specifically, the Agency is clarifying
that an activated phosphor not
currently listed on the TSCA Inventory
is considered a new chemical under
TSCA. Prior to initiating the
manufacture or import of a new
chemical, TSCA section 5 requires a
company to submit a premanufacture
notice (PMN) to EPA. Apparently, the
Inventory status of activated phosphors
has not been well understood by
industry and several firms have
initiated the manufacture of activated
phosphor materials that are not listed
on the TSCA Inventory without having
submitted the required PMN. EPA has
sought public comment through a
clarification proposed in the Federal
Register on draft interpretation in this
area to ensure that the necessary clarity
is provided. EPA intends to complete
this activity with a final notice in late
2009.
Timetable:
Action
Date FR Cite
01/16/08 73 FR 2854
05/02/08 73 FR 24187
Notice; Proposed
Clarification
Reopening of
Comment Period
Final Clarification 02/24/10 75 FR 8266
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 4984;
EPA publication information: Notice;
Proposed Clarification -
http://www.epa.gov/fedrgstr/ EPA-
TOX/2008/January/Day-16/t681.pdf;
EPA Docket information: EPA-HQ-
OPPT-2007-0392.
URL For More Information:
www.epa.gov/opptintr/newchems/
pubs/invntory.htm
Agency Contact: David Schutz,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-9262
Fax: 202 564-9490
Email: schutz.david@epa.gov
Greg Schweer, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405M, Washington, DC
20460
Phone: 202 564-8469
Email: schweer.greg@epa.gov
RIN: 2070-AJ21
835. AMENDMENT TO THE
PREMANUFACTURE NOTIFICATION
EXEMPTIONS; REVISIONS OF
EXEMPTIONS FOR CERTAIN
POLYMERS
Priority: Other Significant
Legal Authority: 15 USC 2604
CFR Citation: 40 CFR 723
Legal Deadline: None
Abstract: On March 7, 2006, EPA
proposed an amendment to the Polymer
Exemption Rule, which provides an
exemption from the premanufacture
notification (PMN) requirements of the
Toxic Substances Control Act (TSCA).
The proposed amendment would
exclude from eligibility polymers
containing as an integral part of their
composition, except as impurities,
certain perfluoroalkyl moieties
consisting of a CF3- or longer chain
length. This proposed exclusion
includes polymers that contain any one
or more of the following: perfluoroalkyl
sulfonates (PFAS); perfluoroalkyl
carboxylates (PFAC); fluorotelomers; or
perfluoroalkyl moieties that are
covalently bound to either a carbon or
sulfur atom where the carbon or sulfur
atom is an integral part of the polymer
molecule. If finalized as proposed, any
person who intends to manufacture (or
import) any of these polymers not
already on the TSCA Inventory would
have to complete the TSCA
premanufacture review process prior to
commencing the manufacture or import
of such polymers. EPA believes this
proposed change to the current
regulation is necessary because, based
on recent information, EPA can no
longer conclude that these polymers
"will not present an unreasonable risk
to human health or the environment,"
which is the determination necessary
to support an exemption under TSCA,
such as the Polymer Exemption Rule.
Timetable:
Action
NPRM
NPRM Comment
Period End
Final Action
Date FR Cite
03/07/06 71 FR 11 485
05/08/06
01/27/10 75 FR 4295
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
International Impacts: This regulatory
action will be likely to have
international trade and investment
effects, or otherwise be of international
interest.
Additional Information: SAN No. 4635;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/ EPA-
TOX/2 006/March/Day-07/t215 2 .pdf;
EPA Docket information: EPA-HQ-
OPPT-2002-0051.
Sectors Affected: 325 Chemical
Manufacturing; 327 Nonmetallic
Mineral Product Manufacturing; 326
Plastics and Rubber Products
Manufacturing
URL For More Information:
wf\vwr.epa.gov/oppt/newfchems
Agency Contact: Geraldine Hilton,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
123
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EPA—Toxic Substances Control Act (TSCA)
Completed Actions
Phone: 202 564-8986
Fax: 202 564-9490
Email: hilton.geraldine@epa.gov
Greg Schweer, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405M, Washington, DC
20460
Phone: 202 564-8469
Email: schweer.greg@epa.gov
RIN: 2070-AD58
836. ELECTRONIC
PREMANUFACTURE NOTICE (PMN)
REPORTING
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2604 and 44
USC 3504
CFR Citation: 40 CFR 700; 40 CFR 720;
40 CFR 721; 40 CFR 723; 40 CFR 725
Legal Deadline: None
Abstract: EPA is finalizing
amendments to the Toxic Substances
Control Act (TSCA) section 5
Premanufacture and Significant New
Use Notification regulations to facilitate
the introduction and use of new
electronic reporting. This action will
establish standards and requirements
for the use of EPA's Central Data
Exchange (CDX), to submit
Premanufacture Notices (PMNs) and
other TSCA section 5 notices and
support documents to EPA.
Timetable:
Action
NPRM
NPRM Comment
Period End
Final Action
Date FR Cite
12/22/08 73 FR 78261
02/20/09
01/06/10 75FR773
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5270;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/ EPA-
TOX/2008/ December/Day -
22/t30379.htm; EPA Docket
information: EPA-HQ-OPPT-2008-0296.
URL For More Information:
wrwfwf.epa.gov/oppt/newfchems
Agency Contact: Loraine Passe,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-9064
Fax: 202 564-9490
Email: passe.loraine@epa.gov
Greg Schweer, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405M, Washington, DC
20460
Phone: 202 564-8469
Email: schweer.greg@epa.gov
RIN: 2070-AJ41
Environmental Protection Agency (EPA)
Emergency Planning and Community Right—to—Know Act (EPCRA)
Proposed Rule Stage
837. EMERGENCY PLANNING AND
COMMUNITY RIGHT-TO-KNOW ACT:
MODIFICATION TO THE THRESHOLD
PLANNING QUANTITY
METHODOLOGY FOR THE
EXTREMELY HAZARDOUS
SUBSTANCES THAT ARE SOLIDS IN
SOLUTION
Priority: Other Significant
Legal Authority: 42 USC 1102
CFR Citation: 40 CFR 355
Legal Deadline: None
Abstract: EPA is considering an
alternative approach for the threshold
planning quantity (TPQ) for chemicals
on the Extremely Hazardous Substances
(EHS) List that are handled as solids
in solution. The current TPQ for solids
in solution is based on the assumption
that the entire quantity of the solid
chemical at a facility could potentially
be released to air in the event of an
accident. EPA is considering a rule
proposing revisions to the TPQ for
solids in solution. EPA is pursuing this
proposal in part based on industry's
request to revisit the TPQ rationale for
the chemical paraquat dichloride
(handled as a solid in aqueous
solution). EPA intends to evaluate
various experimental data for
accidental air releases of solutions
containing solid chemicals when
developing revised TPQs. EPA is also
considering public comment on the
appropriateness of considering aerosol
size as a factor for potential off-site
exposure to communities.
Timetable:
Email: jacob.sicy@epa.gov
RIN: 2050-AF08
Action
Date FR Cite
NPRM
11/00/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4753.
Agency Contact: Kathy Franklin,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5104A, Washington, DC 20460
Phone: 202 564-7987
Fax: 202 564-2625
Email: franklin.kathy@epa.gov
Sicy Jacob, Environmental Protection
Agency, Solid Waste and Emergency
Response, 5104A, Washington, DC
20460
Phone: 202 564-8019
Fax: 202 564-2625
838. TRI; RESPONSE TO PETITION TO
DELETE ACETONITRILE FROM THE
TOXICS RELEASE INVENTORY LIST
OF TOXIC CHEMICALS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 11013 EPCRA
313
CFR Citation: 40 CFR 372
Legal Deadline: None
Abstract: This action will respond to
a petition received by EPA to delete
acetonitrile from the list of toxic
chemicals reportable under section 313
of the Emergency Planning and
Community Right to Know Act
(EPCRA). EPA will respond to the
petition by either granting or denying
the petition. If EPA grants the petition,
a notice of proposed rulemaking will
be published in the Federal Register.
If EPA denies the petition, a notice of
petition denial will be published. The
deletion of this chemical would
eliminate all the reporting requirements
under the Toxic Chemical Release
Reporting Rule.
124
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Spring 2010 Semiannual Regulatory Agenda
EPA—Emergency Planning and Community Right—to—Know Act (EPCRA)
Proposed Rule Stage
Timetable:
Action
Date FR Cite
Response 02/00/1 1
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No.
2425.3; Split from RIN 2025-AAOO.
Formerly listed as RIN 2070-ACOO.
Statutory deadline: Within 180 days of
receipt the Agency must either initiate
rulemaking or explain why not in the
Federal Register. Manufacturing
industries in SIC codes 20-39 plus the
following industries and SIC codes:
Metal Mining (SIC code 10 except SIC
codes 1011, 1081, and 1094); Coal
Mining (SIC code 12 except SIC code
1241); Electric Utilities (SIC codes
4911, 4931, 4939); Commercial
Hazardous Waste Treatment (SIC code
4953); Chemicals and Allied Products-
Wholesale (SIC code 5169); Petroleum
Bulk Terminals and Plants (SIC code
5171); and, Solvent Recovery Services
(SIC code 7389).
URL For More Information:
Agency Contact: Daniel Bushman,
Environmental Protection Agency,
Office of Environmental Information,
2844T, Washington, DC 20460
Phone: 202 566-0743
Email:
bushman.daniel@epamail.epa.gov
Nicole Paquette, Environmental
Protection Agency, Office of
Environmental Information, 2844T,
Washington, DC 20460
Phone: 202 566-0642
Email: paquette.nicole@epamail.epa.gov
RIN: 2025-AA19
839. TOXICS RELEASE INVENTORY;
ADDITION OF NATIONAL
TOXICOLOGY PROGRAM
CARCINOGENS
Priority: Substantive, Nonsignificant
Legal Authority: Not Yet Determined
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: The National Toxicology
Program (NTP) periodically publishes
its Report on Carcinogens (RoC) which
classifies chemicals as either "known
to be a human carcinogen" or
"reasonably anticipated to be a human
carcinogen." The RoC is a
congressionally mandated scientific and
public health document that provides
data on carcinogenicity, genotoxicity,
and biologic mechanisms. The RoC
evaluations are performed by scientists
from the NTP, other Federal health
research and regulatory agencies, and
nongovernmental institutions. The RoC
review process includes external peer
review and public comment.
EPA is reviewing the llth edition of
the NTP RoC to identify those
chemicals that are not currently on the
Toxics Release Inventory (TRI) list and
that have not previously been reviewed
for listing. EPA will propose to add to
the TRI list, those NTP carcinogens that
have sufficient production or use levels
such that the Agency expects that TRI
reports will be filed.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
04/00/10
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State
Additional Information: SAN No. 5384.
Agency Contact: Daniel Bushman,
Environmental Protection Agency,
Office of Environmental Information,
2844T, Washington, DC 20460
Phone: 202 566-0743
Email:
bushman.daniel@epamail.epa.gov
Nicole Paquette, Environmental
Protection Agency, Office of
Environmental Information, 2844T,
Washington, DC 20460
Phone: 202 566-0642
Email: paquette.nicole@epamail.epa.gov
RIN: 2025-AA28
840. CLARIFY TRI REPORTING
OBLIGATIONS UNDER EPCRA
SECTION 313 FOR METAL MINING
ACTIVITIES
Priority: Other Significant. Major status
under 5 USC 801 is undetermined.
Legal Authority: 42 USC 11001 et seq
CFR Citation: 40 CFR 372
Legal Deadline: None
Abstract: The Toxics Release Inventory
(TRI) currently requires reporting from
metal mining facilities if they
manufacture or process 25,000 pounds
or more of a listed chemical or
otherwise use 10,000 pounds or more
of a listed chemical. These mining
facilities engage in the removal of
naturally occurring materials from the
earth. EPA had considered naturally
occurring materials to be manufactured
by natural processes. A recent court
order set aside EPA's interpretation of
manufacture in the mining context,
stating that naturally occurring ores in
situ have not been manufactured within
the meaning of Emergency Planning
and Community Right to Know Act
(EPCRA) section 313. EPA is
considering clarifying how the
definitions of manufacturing and
processing under EPCRA section 313
apply to the mining sector processes of
extraction and beneficiation. This
action will not affect the coal extraction
activities exemption.
Timetable:
Action
Date FR Cite
NPRM
02/00/11
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: None
Federalism: Undetermined
Additional Information: SAN No. 4616;
Facilities included in the following
NAICS manufacturing codes
(corresponding to SIC codes 20 through
39): 311*,312*, 313*, 314*, 315*, 316,
321, 322, 323*, 324, 325*, 326*, 327,
331, 332, 333, 334*, 335*, 336, 337*,
339*,111998*, 211112*, 212234*,
212235*, 212393*, 212399*, 488390*,
511110,511120, 511130, 511140*,
511191,511199, 511220, 512230*,
516110*, 541710*, or 811490*.
*Exceptions and/or limitations exist for
these NAICS codes. Facilities included
in the following NAICS codes
(corresponding to SIC codes other than
SIC codes 20 through 39): 212111,
212112, 212113 (correspond to SIC 12,
Coal Mining (except 1241)); or 212221,
212222,212231, 212234, 212299
(correspond to SIC 10, Metal Mining
(except 1011, 1081, and 1094)); or
221111, 221112, 221113, 221119,
221121, 221122 (Limited to facilities
that combust coal and/or oil for the
purpose of generating power for
distribution in commerce) (correspond
to SIC 4911, 4931, and 4939, Electric
Utilities); or 424690, 425110, 425120
125
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Spring 2010 Semiannual Regulatory Agenda
EPA—Emergency Planning and Community Right—to—Know Act (EPCRA)
Proposed Rule Stage
(Limited to facilities previously
classified in SIC 5169, Chemicals and
Allied Products, Not Elsewhere
Classified); or 424710 (corresponds to
SIC 5171, Petroleum Bulk Terminals
and Plants); or 562112 (Limited to
facilities primarily engaged in solvent
recovery services on a contract or fee
basis (previously classified under SIC
7389, Business Services, NEC)); or
562211, 562212, 562213, 562219,
562920 (Limited to facilities regulated
under the Resource Conservation and
Recovery Act, subtitle C, 42 U.S.C.
6921 et seq.) (correspond to SIC 4953,
Refuse Systems); EPA Docket
information: EPA-HQ-OEI-2 009-045 3.
URL For More Information:
www.epa.gov/tri/programs/mining/
index.htm
Agency Contact: Daniel Teitelbaum,
Environmental Protection Agency,
Office of Environmental Information,
2844T, Washington, DC 20460
Phone: 202 566-0964
Fax: 202 566-0741
Email:
teitelbaum.daniel@epamail.epa.gov
Steve Devito, Environmental Protection
Agency, Office of Environmental
Information, 2844T, Washington, DC
20460
Phone: 202 566-0755
Fax: 202 566-0741
Email: devito.steve@epamail.epa.gov
RIN: 2025-AAll
Environmental Protection Agency (EPA)
Emergency Planning and Community Right—to—Know Act (EPCRA)
Final Rule Stage
841. TRI: INTENT TO CONSIDER
LIFTING ADMINISTRATIVE STAY
REGARDING HYDROGEN SULFIDE
REPORTING REQUIREMENTS;
OPPORTUNITY FOR PUBLIC
COMMENT
Priority: Substantive, Nonsignificant
Legal Authority: Not Yet Determined
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: In response to a petition from
the Natural Resources Defense Council
and the Governor of New York,
hydrogen sulfide, along with 20 other
chemicals and two chemical categories,
was added to the Emergency Planning
and Community Right-to-Know Act
(EPCRA) section 313 list of toxic
chemicals as part of a 1993 final rule
(December 1, 1993, 58 FR 63500).
Hydrogen sulfide was listed under the
criteria of EPCRA section 313(d)(2)(B)
based on chronic neurotoxic effects in
humans and under EPCRA section
313(d)(2)(C) based on acute aquatic
toxicity. However, on August 22, 1994
(59 FR 43048), EPA issued an
Administrative Stay of the EPCRA
section 313 reporting requirements for
hydrogen sulfide.
Some members of the regulated
community expressed concern that the
specific basis for listing hydrogen
sulfide under EPCRA section
313(d)(2)(B) changed between the
proposed rule (September 8, 1992, 57
FR 41020) and the final rule (December
1, 1993, 58 FR 63500) and that they
did not have an opportunity to
comment on the final basis for the
addition under EPCRA section
313(d)(2)(B). Although the statutory
basis for the determination did not
change, the Agency did cite chronic
neurotoxic effects in the final rule and
chronic respiratory effects in the
proposed rule as the specific effects of
concern. In addition, charges were
made that EPA's decision not to
include evidence of exposure in
deciding to list hydrogen sulfide on the
basis of chronic human health effects
was inconsistent with past Agency
practice. EPA did not agree that it had
been inconsistent in its use of exposure
analysis in EPCRA section 313 listings,
but felt that the public deserved an
opportunity to be presented with
further clarification of the Agency's
position on this issue. Therefore, the
Agency decided to issue an
administrative stay of the reporting
requirements for hydrogen sulfide in
order to allow for additional time to
review these issues. EPA stated that a
subsequent Federal Register notice
would provide a mechanism for the
public to comment on the specific basis
for listing hydrogen sulfide as well as
providing a more complete discussion
of use of exposure analysis in EPCRA
section 313 listing decisions. This
action is the subsequent Federal
Register notice. EPA will take
comments on its latest hazard
assessment for hydrogen sulfide and
EPA's intent to consider lifting the
administrative stay.
Timetable:
Action
Date
FR Cite
Notice
Final Action
02/26/10 75 FR 8889
12/00/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No. 5368.
Agency Contact: Daniel Bushman,
Environmental Protection Agency,
Office of Environmental Information,
2844T, Washington, DC 20460
Phone: 202 566-0743
Email:
bushman.daniel@epamail.epa.gov
Nicole Paquette, Environmental
Protection Agency, Office of
Environmental Information, 2844T,
Washington, DC 20460
Phone: 202 566-0642
Email: paquette.nicole@epamail.epa.gov
RIN: 2025-AA27
842. TOXICS RELEASE INVENTORY
(TRI) ARTICLES EXEMPTION
CLARIFICATION RULE
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 11023 et seq;
42 USC 13106 et seq
CFR Citation: 40 CFR 372.38(b)
Legal Deadline: None
Abstract: Toxics Release Inventory
(TRI) reporting is required by Section
313 of the Emergency Planning and
Community Right-to-Know Act
(EPCRA) and section 6607 of the
Pollution Prevention Act. The purpose
of this proposed rule is to clarify the
scope of the exemption from TRI
reporting requirements for items that
qualify as articles. [See 40 CFR
372.38(b).] EPA believes that language
contained in the regulation and
subsequent guidance should be
clarified for the regulated community
concerning what items qualify as
articles and are therefore exempt from
TRI threshold determinations, TRI
release and other waste management
calculations and reporting.
126
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Spring 2010 Semiannual Regulatory Agenda
EPA—Emergency Planning and Community Right—to—Know Act (EPCRA)
Final Rule Stage
Timetable:
Action
Date FR Cite
NPRM
NPRM Comment
Period End
Final Action
08/24/09 74 FR 42625
10/23/09
09/00/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5296;
Facilities included in the following
NAICS manufacturing codes
(corresponding to SIC codes 20 through
39): 311*,312*, 313*, 314*, 315*, 316,
321, 322, 323*, 324, 325*, 326*, 327,
331, 332, 333, 334*, 335*, 336, 337*,
339*,111998*, 211112*, 212234*,
212235*, 212393*, 212399*, 488390*,
511110, 511120, 511130, 511140*,
511191,511199, 511220, 512230*,
516110*, 541710*, or 811490*.
*Exceptions and/or limitations exist for
these NAICS codes. Facilities included
in the following NAICS codes
(corresponding to SIC codes other than
SIC codes 20 through 39): 212111,
212112, 212113 (correspond to SIC 12,
Coal Mining (except 1241)); or 212221,
212222, 212231, 212234, 212299
(correspond to SIC 10, Metal Mining
(except 1011, 1081, and 1094)); or
221111, 221112, 221113, 221119,
221121, 221122 (Limited to facilities
that combust coal and/or oil for the
purpose of generating power for
distribution in commerce) (correspond
to SIC 4911, 4931, and 4939, Electric
Utilities); or 424690, 425110, 425120
(Limited to facilities previously
classified in SIC 5169, Chemicals and
Allied Products, Not Elsewhere
Classified); or 424710 (corresponds to
SIC 5171, Petroleum Bulk Terminals
and Plants); or 562112 (Limited to
facilities primarily engaged in solvent
recovery services on a contract or fee
basis (previously classified under SIC
7389, Business Services, NEC)); or
562211, 562212, 562213, 562219,
562920 (Limited to facilities regulated
under the Resource Conservation and
Recovery Act, subtitle C, 42 U.S.C.
6921 et seq.) (correspond to SIC 4953,
Refuse Systems).
Agency Contact: Steven DeBord,
Environmental Protection Agency,
Office of Environmental Information,
2844T, Washington, DC 20460
Phone: 202 566-0731
Email: debord.steven@epamail.epa.gov
Ingrid Rosencrantz, Environmental
Protection Agency, Office of
Environmental Information, 2844T,
Washington, DC 20460
Phone: 202 566-0961
Email:
rosencrantz.ingrid@epamail.epa.gov
RIN: 2025-AA24
Environmental Protection Agency (EPA)
Emergency Planning and Community Right—to—Know Act (EPCRA)
Long-Term Actions
843. EMERGENCY PLANNING AND
COMMUNITY RIGHT-TO-KNOW ACT:
AMENDMENTS AND STREAMLINING
RULE
Priority: Other Significant
Legal Authority: 42 USC 11002; 42
USC 11004; 42 USC 11048; 42 USC
11021; 42 USC 11022
CFR Citation: 40 CFR 370
Legal Deadline: None
Abstract: This supplemental proposal
will address reporting thresholds for
rock salt, sand, gravel, and other
chemicals that pose minimal risk. The
proposed rule was published on June
8, 1998 (63 FR 31268). This
supplemental rule, when finalized, will
minimize burden for those facilities
that are currently reporting chemicals
that pose minimal risk under Sections
311 and 312 of the Emergency Planning
and Community Right-To-Know Act.
This rule, when finalized, may also
reduce the number of facilities subject
to these reporting requirements. The
reporting requirements under sections
311 and 312 are intended to enhance
communities' and emergency response
officials' awareness of chemical
hazards; to facilitate the development
of State and local emergency response
plans; and to aid communities and
emergency response officials in
preparing for and responding to
emergencies safely and effectively. By
proposing to provide relief from routine
reporting of substances with minimal
hazards and minimal risk, State and
local officials can focus on chemicals
that may pose more significant hazard
or may present greater risks to the
community.
Timetable:
Action
Date
FR Cite
Supplemental NPRM To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No.
3215.1; Split from RIN 2050-AE17.
Agency Contact: Sicy Jacob,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5104A, Washington, DC 20460
Phone: 202 564-8019
Fax: 202 564-2625
Email: jacob.sicy@epa.gov
RIN: 2050-AG40
844. TRI; RESPONSE TO PETITION TO
DELETE CHROMIUM, ANTIMONY, AND
TITANATE FROM THE METAL
COMPOUND CATEGORIES LISTED ON
THE TOXICS RELEASE INVENTORY
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 11013 EPCRA
313
CFR Citation: 40 CFR 372
Legal Deadline: None
Abstract: This action was suspended
on May 22, 2007 at the request of the
petitioner. If resumed, this action will
respond to a petition received by EPA
to delete chromium, antimony, titanate
from the list of toxic chemicals
reportable under section 313 of the
Emergency Planning and Community
Right to Know Act (EPCRA). EPA will
respond to the petition by either
granting or denying the petition. If EPA
grants the petition a notice of proposed
rulemaking will be published in the
Federal Register, if EPA denies the
petition a notice of petition denial will
be published. Chromium, antimony,
titanate is reportable under the
chromium and antimony compound
categories, the deletion of this chemical
would eliminate all the reporting
requirements under the Toxic Chemical
Release Reporting Rule.
127
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Spring 2010 Semiannual Regulatory Agenda
EPA—Emergency Planning and Community Right—to—Know Act (EPCRA)
Long-Term Actions
Timetable:
Action
Date FR Cite
Response To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State
Additional Information: SAN No.
2425.4; EPA publication information:
Response-Chromium; Split from RDM
2025-AAOO. Formerly listed as RDM
2070-ACOO. Statutory deadline: Within
180 days of receipt the Agency must
either initiate rulemaking or explain
why not in the Federal Register.
Manufacturing industries in SIC codes
20-39 plus the following industries and
SIC codes: Metal Mining (SIC code 10
except SIC codes 1011, 1081, and
1094); Coal Mining (SIC code 12 except
SIC code 1241); Electric Utilities (SIC
codes 4911, 4931, 4939); Commercial
Hazardous Waste Treatment (SIC code
4953); Chemicals and Allied Products-
Wholesale (SIC code 5169); Petroleum
Bulk Terminals and Plants (SIC code
5171); and Solvent Recovery Services
(SIC code 7389). Facilities included in
the following NAICS manufacturing
codes (corresponding to SIC codes 20
through 39): 311*,312*, 313*, 314*,
315*, 316, 321, 322, 323*, 324, 325*,
326*, 327, 331, 332, 333, 334*, 335*,
336, 337*, 339*,111998*, 211112*,
212234*, 212235*, 212393*, 212399*,
488390*, 511110, 511120, 511130,
511140*, 511191,511199, 511220,
512230*, 516110*, 541710*, or
811490*. *Exceptions and/or
limitations exist for these NAICS codes.
Facilities included in the following
NAICS codes (corresponding to SIC
codes other than SIC codes 20 through
39): 212111, 212112, 212113
(correspond to SIC 12, Coal Mining
(except 1241)); or 212221, 212222,
212231, 212234, 212299 (correspond to
SIC 10, Metal Mining (except 1011,
1081, and 1094)); or 221111, 221112,
221113, 221119, 221121, 221122
(Limited to facilities that combust coal
and/or oil for the purpose of generating
power for distribution in commerce)
(correspond to SIC 4911, 4931, and
4939, Electric Utilities); or 424690,
425110, 425120 (Limited to facilities
previously classified in SIC 5169,
Chemicals and Allied Products, Not
Elsewhere Classified); or 424710
(corresponds to SIC 5171, Petroleum
Bulk Terminals and Plants); or 562112
(Limited to facilities primarily engaged
in solvent recovery services on a
contract or fee basis (previously
classified under SIC 7389, Business
Services, NEC)); or 562211, 562212,
562213, 562219, 562920 (Limited to
facilities regulated under the Resource
Conservation and Recovery Act, subtitle
C, 42 U.S.C. 6921 et seq.) (correspond
to SIC 4953, Refuse Systems).
URL For More Information:
www.epa.gov/tri
Agency Contact: Daniel Bushman,
Environmental Protection Agency,
Office of Environmental Information,
2844T, Washington, DC 20460
Phone: 202 566-0743
Email:
bushman.daniel@epamail.epa.gov
Nicole Paquette, Environmental
Protection Agency, Office of
Environmental Information, 2844T,
Washington, DC 20460
Phone: 202 566-0642
Email: paquette.nicole@epamail.epa.gov
RIN: 2025-AA16
845. TRI; RESPONSE TO PETITION TO
ADD DIISONONYL PHTHALATE TO
THE TOXICS RELEASE INVENTORY
LIST OF TOXIC CHEMICALS
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
Legal Authority: 42 USC 11013 EPCRA
313
CFR Citation: 40 CFR 372
Legal Deadline: None
Abstract: This action will respond to
a petition received by EPA to add
diisononyl phthalate to the list of toxic
chemicals reportable under section 313
of the Emergency Planning and
Community Right to Know Act
(EPCRA). EPA will respond to the
petition by either granting or denying
the petition. If EPA grants the petition,
a notice of proposed rulemaking will
be published in the Federal Register.
If EPA denies the petition, a notice of
petition denial will be published. The
addition of this chemical would make
it subject to all the reporting
requirements under the Toxic Chemical
Release Reporting Rule.
Timetable:
Action
Date FR Cite
NPRM Comment
Period End
Notice of Data
Availability
Final Action
12/04/00
06/14/05 70 FR 34437
To Be Determined
Action
Date
FR Cite
NPRM Original
09/05/00 65 FR 53681
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State
Additional Information: SAN No.
2425.1; EPA publication information:
Notice of Data Availability -
http://www.epa.gov/fedrgstr/ EPA-
WASTE/2005/June/Day-14/fll664.htm;
Split from RIN 2025-AAOO. Formerly
listed as RIN 2070-ACOO. Statutory
deadline: Within 180 days of receipt
the Agency must either initiate
rulemaking or explain why not in the
Federal Register. Manufacturing
industries in SIC codes 20-39 plus the
following industries and SIC codes:
Metal Mining (SIC code 10 except SIC
codes 1011, 1081, and 1094); Coal
Mining (SIC code 12 except SIC code
1241); Electric Utilities (SIC codes
4911, 4931, 4939); Commercial
Hazardous Waste Treatment (SIC code
4953); Chemicals and Allied Products-
Wholesale (SIC code 5169); Petroleum
Bulk Terminals and Plants (SIC code
5171); and, Solvent Recovery Services
(SIC code 7389). Facilities included in
the following NAICS manufacturing
codes (corresponding to SIC codes 20
through 39): 311*,312*, 313*, 314*,
315*, 316, 321, 322, 323*, 324, 325*,
326*, 327, 331, 332, 333, 334*, 335*,
336, 337*, 339*,111998*, 211112*,
212234*, 212235*, 212393*, 212399*,
488390*, 511110, 511120, 511130,
511140*, 511191,511199, 511220,
512230*, 516110*, 541710*, or
811490*. *Exceptions and/or
limitations exist for these NAICS codes.
Facilities included in the following
NAICS codes (corresponding to SIC
codes other than SIC codes 20 through
39): 212111, 212112, 212113
(correspond to SIC 12, Coal Mining
(except 1241)); or 212221, 212222,
212231, 212234, 212299 (correspond to
SIC 10, Metal Mining (except 1011,
1081, and 1094)); or 221111, 221112,
221113,221119, 221121, 221122
(Limited to facilities that combust coal
and/or oil for the purpose of generating
power for distribution in commerce)
(correspond to SIC 4911, 4931, and
4939, Electric Utilities); or 424690,
128
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Spring 2010 Semiannual Regulatory Agenda
EPA—Emergency Planning and Community Right—to—Know Act (EPCRA)
Long-Term Actions
425110, 425120 (Limited to facilities
previously classified in SIC 5169,
Chemicals and Allied Products, Not
Elsewhere Classified); or 424710
(corresponds to SIC 5171, Petroleum
Bulk Terminals and Plants); or 562112
(Limited to facilities primarily engaged
in solvent recovery services on a
contract or fee basis (previously
classified under SIC 7389, Business
Services, NEC)); or 562211, 562212,
562213, 562219, 562920 (Limited to
facilities regulated under the Resource
Conservation and Recovery Act, subtitle
C, 42 U.S.C. 6921 et seq.) (correspond
to SIC 4953, Refuse Systems).
URL For More Information:
Agency Contact: Daniel Bushman,
Environmental Protection Agency,
Office of Environmental Information,
2844T, Washington, DC 20460
Phone: 202 566-0743
Email:
bushman.daniel@epamail.epa.gov
Nicole Paquette, Environmental
Protection Agency, Office of
Environmental Information, 2844T,
Washington, DC 20460
Phone: 202 566-0642
Email: paquette.nicole@epamail.epa.gov
RIN: 2025-AA17
Environmental Protection Agency (EPA)
Resource Conservation and Recovery Act (RCRA)
Proposed Rule Stage
846. STANDARDS FOR THE
MANAGEMENT OF COAL
COMBUSTION RESIDUALS
GENERATED BY COMMERCIAL
ELECTRIC POWER PRODUCERS
Priority: Economically Significant.
Major under 5 USC 801.
Unfunded Mandates: Undetermined
Legal Authority: 42 USC 69l2(a); 42
USC 6921; 42 USC 6924; 42 USC
6925(j)
CFR Citation: 40 CFR 261; 40 CFR 264;
40 CFR 268; 40 CFR 271; 40 CFR 302
Legal Deadline: None
Abstract: This action is for the
development of regulations for coal
combustion residuals (formerly coal
combustion waste). The regulations will
apply to the management of coal
combustion residuals that are generated
by steam electric power generators, i.e.,
electric utilities and independent
power producers. This action results
from EPA's regulatory determination for
fossil fuel combustion wastes (see 65
FR 32214, May 22, 2000), which
concluded that waste management
regulations under the Resource
Conservation and Recovery Act (RCRA)
are appropriate for certain coal
combustion residuals (wastes). The
intended benefits of this action will be
to prevent contamination or damage to
ground waters and surface waters,
thereby avoiding risk to human health
and the environment, including
ecological risks. The Agency issued on
August 29, 2007, a Notice of Data
Availability (NODA) announcing the
availability for public inspection and
comment of new information and data
on the management of coal combustion
residuals that the Agency will consider
in deciding next steps in this effort.
The comment period for this NODA
closed on February 11, 2008. EPA is
currently preparing a proposed rule for
the regulation of coal combustion
residuals.
Timetable:
Action
NODA
NPRM
Date
08/29/07
04/00/10
FR Cite
72 FR 4971 4
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: Federal,
Local, State, Tribal
Federalism: This action may have
federalism implications as defined in
EO 13132.
Additional Information: SAN No. 4470;
EPA publication information: NODA -
http://www.epa.gov/fedrgstr/ EPA-
WASTE/2007/August/Day-
29/fl7138.pdf.
Sectors Affected: 221112 Fossil Fuel
Electric Power Generation
Agency Contact: Alexander Livnat,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5304P, Washington, DC 20460
Phone: 703 308-7251
Fax: 703 605-0595
Email: livnat.alexander@epa.gov
Steve Souders, Environmental
Protection Agency, Solid Waste and
Emergency Response, 5304P,
Washington, DC 20460
Phone: 703 308-8431
Fax: 703 605-0595
Email: souders.steve@epa.gov
RIN: 2050-AE81
847. IDENTIFICATION OF
NON-HAZARDOUS SECONDARY
MATERIALS THAT ARE SOLID
WASTES
Priority: Other Significant
Legal Authority: 42 USC 6903(27)
CFR Citation: 40 CFR 241
Legal Deadline: NPRM, Judicial, April
15, 2010.
Final, Judicial, December 16, 2010.
Abstract: The Agency is proposing to
define which non-hazardous secondary
materials burned in combustion units
are solid wastes under the Resource
Conservation and Recovery Act (RCRA).
This in turn will assist the Agency in
developing regulatory standards under
sections 112 and 129 of the Clean Air
Act (CAA). If the secondary material is
considered a "solid waste," then the
unit that burns the secondary material
would be subject to CAA section 129
requirements. The meaning of "solid
waste" as defined under RCRA is
important because CAA section 129,
which regulates emissions from sources
that combust solid wastes, states that
the term "solid waste" shall have the
meaning "established by the
Administrator [pursuant to RCRA]."
Timetable:
Action
Date
FR Cite
ANPRM 01/02/09 74 FR 41
ANPRM Comment 02/02/09
Period End
NPRM 04/00/10
Final Action 12/00/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
Local, State, Tribal
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Spring 2010 Semiannual Regulatory Agenda
EPA—Resource Conservation and Recovery Act (RCRA)
Proposed Rule Stage
Additional Information: SAN No. 5266;
EPA publication information: ANPRM
- http://www.epa.gov/fedrgstr/ EPA-
WASTE/2009/ January/Day-
02/f30987.pdf;
http://www.regulations.gov/
fdmspublic/component/
main?main=DocketDetail&d =EPA-HQ-
RCRA-2008-0329; EPA Docket
information: EPA-HQ-RCRA-2008-0329.
URL For More Information:
www.epa.gov/epawaste/index.htm
Agency Contact: Marc Thomas,
Environmental Protection Agency,
Solid Waste and Emergency Response,
1806A, Washington, DC 20460
Phone: 703 308-0023
Fax: 202 501-0661
Email: thomas.marc@epamail.epa.gov
Michael Galbraith, Environmental
Protection Agency, Solid Waste and
Emergency Response, 5303P,
Washington, DC 20460
Phone: 703 605-0567
Fax: 703 308-8686
Email: galbraith.michael@epa.gov
RIN: 2050-AG44
848. HAZARDOUS WASTE
MANAGEMENT SYSTEM;
IDENTIFICATION AND LISTING OF
HAZARDOUS WASTE; REMOVING
SACCHARIN AND ITS SALTS FROM
THE LISTS OF HAZARDOUS
CONSTITUENTS, HAZARDOUS
WASTES, AND HAZARDOUS
SUBSTANCES
Priority: Other Significant
Legal Authority: 42 USC 6905, 69l2(a),
6921, 6922 ( RCRA sec 3001); 42 USC
9602 (CERCLA sec 102); 42 USC 9603
(CERCLA sec 103); 42 USC 9604; 33
USC 1321 and 1361
CFR Citation: 40 CFR 261; 40 CFR 268;
40 CFR 302
Legal Deadline: None
Abstract: In response to a petition
submitted by the Calorie Control
Council (CCC), EPA plans to propose
the removal of saccharin and its salts
from the lists of hazardous constituents
(40 CFR section 261, Appendix VIII),
the list of unused commercial chemical
products identified as hazardous wastes
(40 CFR section 261.33(f)), and the list
of hazardous substances (40 CFR
section 302.4). The current weight of
scientific evidence supports the
petitioner's request. EPA originally
listed saccharin and its salts based on
a scientific consensus that saccharin
was a potential human carcinogen.
However, the recent evaluation of
available data for saccharin and its salts
by the U.S. National Toxicology
Program (NTP) and the International
Agency for Research on Cancer (IARC)
has concluded that scientific evidence
does not support that saccharin and its
salts are potential human carcinogens.
In addition, the Agency does not
believe saccharin and its salts meet any
other criteria for remaining on the
above specified lists.
Timetable:
Action
Date FR Cite
NPRM
04/00/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5322.
Agency Contact: Narendra Chaudhari,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5304P, Washington, DC 20460
Phone: 703 308-0454
Fax: 703 308-0514
Email:
chaudhari.narendra@epamail.epa.gov
Robert Kayser, Environmental
Protection Agency, Solid Waste and
Emergency Response, 5304P,
Washington, DC 20460
Phone: 703 308-7304
Fax: 703 308-0514
Email: kayser.robert@epamail.epa.gov
RIN: 2050-AG55
849. • HAZARDOUS WASTE
MANAGEMENT SYSTEMS:
IDENTIFICATION AND LISTING OF
HAZARDOUS WASTE: CARBON
DIOXIDE (CO2) INJECTATE IN
GEOLOGICAL SEQUESTRATION
ACTIVITIES
Priority: Other Significant. Major status
under 5 USC 801 is undetermined.
Unfunded Mandates: Undetermined
Legal Authority: Not Yet Determined
CFR Citation: 40 CFR 261.4
Legal Deadline: None
Abstract: On July 25, 2008, EPA
published a proposed rule under the
Safe Drinking Water Act Underground
Injection Control Program to create a
new class of injection well (Class VI)
for geological sequestration (GS) of
carbon dioxide (CO2). 73 FR 43492. In
response to that proposal, EPA received
numerous comments asking for
clarification on how the Resource
Conservation and Recovery Act (RCRA)
hazardous waste requirements apply to
CO2 streams. EPA is now considering
a proposed rule under RCRA to explore
options such as a conditional
exemption from the RCRA requirements
for hazardous CO2 streams in order to
facilitate implementation of GS while
protecting human health and the
environment.
Timetable:
Action
Date FR Cite
NPRM
09/00/10
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: Federal,
State, Tribal
Additional Information: SAN No. 5441.
Agency Contact: Ross Elliott,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5304P, Washington, DC 20460
Phone: 703 308-8748
Fax: 703 605-0594
Email: elliott.ross@epamail.epa.gov
Mark Baldwin, Environmental
Protection Agency, Solid Waste and
Emergency Response, 5304P,
Washington, DC 20460
Phone: 703 308-0157
Email: baldwin.mark@epamail.epa.gov
RIN: 2050-AG60
850. HAZARDOUS WASTE
TECHNICAL CORRECTIONS AND
CLARIFICATIONS RULE
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 6905 to 6906;
42 USC 6912; 42 USC 6921 to 6927;
42 USC 6930; 42 USC 6933 to 6939;
42 USC 6974
CFR Citation: 40 CFR 260 to 266; 40
CFR 268; 40 CFR 270
Legal Deadline: None
Abstract: This proposed and direct
final rule would correct and clarify the
hazardous waste regulations associated
with hazardous waste identification,
manifesting, and generator
requirements, including those found
under 40 CFR 262.34, as well as
changes to the hazardous waste permit
and interim status standards. These
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Spring 2010 Semiannual Regulatory Agenda
EPA—Resource Conservation and Recovery Act (RCRA)
Proposed Rule Stage
changes correct existing errors in the
hazardous waste regulations that have
occurred over time in numerous final
rules published in the Federal Register
as a result of typographical errors or
incorrect citations to paragraphs and
other references. Similarly, these
changes would clarify existing parts of
the hazardous waste regulatory program
and correct references to Department of
Transportation regulations that have
been changed since the printing of the
final rule.
Timetable:
Action
NPRM
Direct Final Action
NPRM Comment
Period End
Date FR Cite
03/18/10 75 FR 13066
03/18/10 75 FR 12989
05/03/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5310.
Agency Contact: Jim OLeary,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5304P, Washington, DC 20460
Phone: 703 308-8827
Fax: 703 308-0514
Email: oleary.jim@epa.gov
RIN: 2050-AG52
Environmental Protection Agency (EPA)
Resource Conservation and Recovery Act (RCRA)
Final Rule Stage
851. WITHDRAWAL OF EXPANSION
OF RCRA COMPARABLE FUELS
EXCLUSION
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 6924
CFR Citation: 40 CFR 261.38
Legal Deadline: None
Abstract: EPA proposed to withdraw
the conditional exclusion from
regulations promulgated on December
19, 2008, under subtitle C of the
Resource Conservation and Recovery
Act (RCRA) for so-called Emission
Comparable Fuel (ECF). These are fuels
produced from hazardous secondary
materials which, when burned in
industrial boilers under specified
conditions, generate emissions that are
comparable to emissions from burning
fuel oil in those boilers. EPA proposed
to withdraw this conditional exclusion
because ECF appears to be better
regarded as being a discarded material
and regulated as a hazardous waste.
The exclusions for comparable fuel and
synthesis gas fuel are not addressed or
otherwise affected by this proposed
rule. EPA is considering finalizing this
rule.
Timetable:
Action
Date
FR Cite
NPRM
NPRM Comment
Period End
Final Action
12/08/09 74 FR 64643
01/22/10
05/00/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No.
4977.1; EPA publication information:
NPRM -
http://www.regulations.gov/search/
Regs/home.htmlidocumentDetail?
R=0900006480a666el; Split from RIN
2050-AG24; EPA Docket information:
EPA-HQ-RCRA-2005-0017.
URL For More Information:
www.epa.gov/epaoswer/hazwaste/
combust/comp fuels/exclusion.htm
Agency Contact: Mary Jackson,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5302P, Washington, DC 20460
Phone: 703 308-8453
Fax: 703 308-8433
Email: jackson.mary@epa.gov
Bob Holloway, Environmental
Protection Agency, Solid Waste and
Emergency Response, 5302P,
Washington, DC 20460
Phone: 703 308-8461
Fax: 703 308-8433
Email: holloway.bob@epa.gov
RIN: 2050-AG57
Environmental Protection Agency (EPA)
Resource Conservation and Recovery Act (RCRA)
Long-Term Actions
852. EPISODIC GENERATION
RULEMAKING
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 6922 (a)
CFR Citation: 40 CFR 262
Legal Deadline: None
Abstract: EPA is considering the
development of a specific regulation
associated with facilities that, as a
result of certain events, find themselves
moving occasionally or "episodically"
into a higher hazardous waste generator
status. Examples of events that may
temporarily affect a facility's generator
regulatory status include: construction
and demolition debris; equipment
maintenance during a plant shut down;
removal of post-shelf life inventory;
tank cleanouts; and process upsets.
Timetable:
Action
Date
FR Cite
NPRM
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5309.
Agency Contact: Jim OLeary,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5304P, Washington, DC 20460
Phone: 703 308-8827
Fax: 703 308-0514
Email: oleary.jim@epa.gov
Charlotte Mooney, Environmental
Protection Agency, Solid Waste and
Emergency Response, 5403P,
Washington, DC 20460
Phone: 703 308-7025
Fax: 703 308-0514
Email: mooney.charlotte@epa.gov
RIN: 2050-AG51
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Spring 2010 Semiannual Regulatory Agenda
EPA—Resource Conservation and Recovery Act (RCRA)
Long-Term Actions
853. REVISIONS TO THE
COMPREHENSIVE GUIDELINE FOR
PROCUREMENT OF PRODUCTS
CONTAINING RECOVERED
MATERIALS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 6912(a)
CFR Citation: 40 CFR 247
Legal Deadline: None
Abstract: RCRA section 6002 requires
EPA to prepare procurement guidelines
that designate items that are or can be
made with recovered materials and to
issue recommendations for government
procurement of these items. Once
designated, procuring agencies are
required to purchase these items with
the highest percentage of recovered
materials practicable. Government
procurement of EPA-designated items
containing recovered materials fosters
markets for recovered materials and,
thereby, closes the recycling loop. To
date, EPA has designated 61 items
under five Comprehensive Procurement
Guidelines (CPGl, CPG2, CPG3, CPG4
and CPG5). EPA has also issued a
Recovered Materials Advisory Notice
(RMAN) with each CPG that provides
recommendations on buying the
designated items. E.O. 13423 requires
EPA to review existing CPG product
designations for effectiveness,
obsolescence, and consistency with the
biobased products designation program,
environmentally preferable purchasing
program, and Energy Star and FEMP-
designated energy efficient products
program. A CPG for nylon carpet was
originally proposed with CPG4, but not
yet finalized because more information
was needed. A Notice of Data
Availability was issued asking for that
information. EPA is evaluating the
comments and considering how to
proceed with the CPG for nylon carpet.
Timetable:
Action
NPRM-CPG1
Final CPG1
NPRMCPG2
Final CPG2
NPRM-CPG3
Final-CPG3-RMAN3
NPRMCPG4
NODA on Nylon
Carpet
NPRM-CPG5
Final-CPG4-RMAN4
Final CPG 5
Final CPG for Nylon
Carpet
Date
04/20/94
05/01/95
11/07/96
11/13/97
08/26/98
01/19/00
08/28/01
07/1 6/03
12/10/03
04/30/04
09/1 4/07
To Be
FR Cite
59 FR 18892
60 FR 21 370
61 FR 57748
62 FR 60962
63 FR 45558
65 FR 3069
66 FR 45256
68 FR 42040
68 FR 6881 3
69 FR 24028
72 FR
Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No. 3545;
EPA publication information: NODA on
Nylon Carpet -
http://frwebgate.access.gpo.gov/cgi-bin/
getdoc.cgi?dbname=2003 register
&docid=frl6jy03-84.pdf; EPA Docket
information: EPA-HQ-RCRA-2003-0013;
EPA-HQ-RCRA-2001-0047.
Sectors Affected: 92119 All Other
General Government; 92111 Executive
Offices
URL For More Information:
wf\vwr.epa.gov/cpg
Agency Contact: Marlene
Regelski—Reddoor, Environmental
Protection Agency, Solid Waste and
Emergency Response, 5306P,
Washington, DC 20460
Phone: 703 308-7276
Fax: 703 308-8686
Email: regelski-
reddoor.marlene@epa.gov
Elizabeth Resek, Environmental
Protection Agency, Solid Waste and
Emergency Response, 5306P,
Washington, DC 20460
Phone: 703 347-0391
Fax: 703 308-8686
Email: resek.elizabeth@epa.gov
RIN: 2050-AE23
854. MANAGEMENT OF CEMENT KILN
DUST (CKD)
Priority: Other Significant
Legal Authority: 42 USC 6912(a) RCRA
2002(a); 42 USC 6921(a) RCRA 3001(a)
CFR Citation: 40 CFR 256; 40 CFR 259;
40 CFR 261; 40 CFR 264
Legal Deadline: None
Abstract: In December 1993, EPA
submitted a Report to Congress with its
findings on the nature and management
practices associated with cement kiln
dust (CKD). In 1995, EPA determined
that control of CKD under subtitle C
of RCRA was warranted and published
a regulatory determination (60 FR
7366). On August 20, 1999, EPA issued
a proposed rule (64 FR 45632) outlining
the Agency's preferred regulatory
approach (i.e., an exemption from
hazardous waste listing for properly
managed CKD) and several optional
approaches including requirements
solely under RCRA Subtitle D. On July
25, 2002, the Agency published a
notice (67 FR 48648) to announce the
availability for public inspection and
comment of recently acquired data on
CKD. The Agency continues to consider
the comments received on the proposal
and notice.
Timetable:
Action
Date
FR Cite
Regulatory
Determination
NPRM
Notice - Extend
02/07/95 60 FR 7366
08/20/99 64 FR 45632
10/28/99 64 FR 58022
Comment Period
NPRM Comment 11/18/99
Period End
NoDA1 07/25/02 67 FR 48648
Extension of Comment 11/08/02 67 FR 68130
Period End
Comment Period End 12/09/02
Final Action To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected:
Undetermined
Additional Information: SAN No. 3856;
EPA publication information: NoDA 1
- http://frwebgate.access.gpo.gov/cgi-
bin/ getdoc.cgi?dbname=2002 register
&docid=fr25jy02-57.pdf; EPA Docket
information: EPA-HQ-RCRA-1999-0011.
Sectors Affected: 32731 Cement
Manufacturing
Agency Contact: Jana Englander,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5304P, Washington, DC 20460
Phone: 703 308-8711
Fax: 703 605-0595
Email: englander.jana@epamail.epa.gov
Steve Souders, Environmental
Protection Agency, Solid Waste and
Emergency Response, 5304P,
Washington, DC 20460
Phone: 703 308-8431
Fax: 703 605-0595
Email: souders.steve@epa.gov
RIN: 2050-AE34
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EPA—Resource Conservation and Recovery Act (RCRA)
Long-Term Actions
855. STANDARDS FOR THE SAFE
AND ENVIRONMENTALLY
PROTECTIVE PLACEMENT OF COAL
COMBUSTION RESIDUALS AS
MINEFILL IN COAL MINES NOT
REGULATED UNDER THE SURFACE
MINING CONTROL AND
RECLAMATION ACT
Priority: Other Significant
Unfunded Mandates: Undetermined
Legal Authority: 42 USC 6907(a)(3); 42
USC 6912(a)(l); 42 USC 6944(a)
CFR Citation: 40 CFR 259
Legal Deadline: None
Abstract: This action is part of a joint
rulemaking effort with the Office of
Surface Mining (OSM) of the
Department of Interior (DOI) using a
combination of regulatory authorities
available under the Surface Mining
Control and Reclamation Act (SMCRA)
and the Resource Conservation and
Recovery Act. Specifically, EPA is
considering performance standards for
the environmentally protective
placement of coal combustion residuals
(CCRs) for filling surface or
underground coal mines, referred to as
minefilling, not regulated under
SMCRA. CCRs are byproducts of the
combustion of coal at electric utility
and independent power producing
facilities. This action results from
EPA's Regulatory Determination for
fossil fuel combustion wastes (65 FR
32214 May 22, 2000), in which the
Agency concluded that national
regulations under RCRA (and/or
modifications to the existing
regulations established under SMCRA)
are warranted when these wastes are
placed in surface and underground
mines. As described in the Regulatory
Determination, there is sufficient
evidence that adequate controls may
not be in place, and that regulations
are warranted. This action is also a
result of a recommendation by the
National Research Council (NRC,
Managing Coal Combustion Residues in
Coal Mines, 2006) regarding the
management of CCRs in coal mines.
NRC recommended that OSM and/or
EPA promulgate enforceable federal
regulations governing the minefilling of
CCRs. In response to the NRC study,
OSM published on Advanced Notice of
Proposed Rulemaking on Placement of
CCRs in Active and Abandoned Coal
Mines (72 FR 12026, March 14, 2007),
which took comment on the
appropriateness of modifying SMCRA
regulations to address minefilling at
mines with SMCRA permits. This
action will be coordinated with the
OSM proposed rule. The intended
benefits of this action will be to prevent
contamination or damage to ground
waters and surface waters, thereby
avoiding risk to human health and the
environment, including ecological risks.
Timetable:
Action
Date FR Cite
NPRM
To Be Determined
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No. 5274.
URL For More Information:
www.epa.gov/epawaste/nonhaz/
industrial/special/fossil/index.htm
Agency Contact: Bonnie Robinson,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5304P, Washington, DC 20460
Phone: 703 308-8429
Fax: 703 308-8686
Email:
robinson.bonnie@epamail.epa.gov
RIN: 2050-AG45
856. HAZARDOUS WASTE MANIFEST
REVISIONS—STANDARDS AND
PROCEDURES FOR ELECTRONIC
MANIFESTS
Priority: Other Significant
Legal Authority: 42 USC 6922; 42 USC
6923; 42 USC 6924; 42 USC 6926; PL
105-277
CFR Citation: 40 CFR 260; 40 CFR 262;
40 CFR 263; 40 CFR 264; 40 CFR 265;
40 CFR 271
Legal Deadline: None
Abstract: This action is aimed at
finalizing the development of EPA's
Resource Conservation and Recovery
Act (RCRA) regulatory standards and
procedures that will govern the
initiation, signing, transmittal, and
retention of hazardous waste manifests
using electronic documents and
systems. There are a total of 5.1 million
manifests processed each year,
including State-defined hazardous
waste paper manifests. EPA proposed
electronic manifest standards in May
2001 as part of a more general manifest
revision action that also addressed
standardizing the paper manifest form's
data elements and procedures (EPA
Form 8700-22). The manifest form
revisions were decoupled from action
on the electronic manifest, and the
Final Form Revisions Rule was
published in the Federal Register on
June 16, 2005. The May 2001 electronic
manifest proposed rule was a
standards-based decentralized approach
under which EPA would establish and
maintain the standards that would
guide the development of electronic
manifest systems by private sector
entities that chose to participate in the
system. However, since publication of
the May 2001 proposed rule, EPA
found that there is a broad consensus
in favor of a single national
"eManifest" system sponsored by EPA,
rather than assorted de-centralized
commercial systems. Subsequently, in
May 2004, EPA conducted a manifest
stakeholder meeting to collect
additional stakeholder views on the
future direction of eManifest. Based on
public comment on the 2001 proposed
electronic standards and stakeholder
feedback at the May 2004 meeting, EPA
published a Notice of Data Availability
(NODA) on April 18, 2006, announcing
EPA's preferred approach to develop a
centralized Web-based eManifest
system to be hosted on EPA's Central
Data Exchange (CDX) computer hub.
However, EPA's ability to publish a
final rule in 2010 that will recognize
eManifests as a compliant voluntary
alternative to the current paper
manifest form, and to pursue this
centralized eManifest design and
funding solution, will depend on the
passing of authorizing legislation for
eManifest.
Timetable:
Action
Date
FR Cite
NPRM Original
NPRM Comment
Period End
Notice of Public
Meeting
NODA
NODA 2
Final Action
05/22/01 66 FR 28240
08/20/01
04/01/04 69 FR 17145
04/18/06 71 FR 19842
02/26/08 73 FR 10204
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
133
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Spring 2010 Semiannual Regulatory Agenda
EPA—Resource Conservation and Recovery Act (RCRA)
Long-Term Actions
Additional Information: SAN No.
3147.1; EPA publication information:
NPRM Original -
http://www.gpo.gov/su docs/aces/fr-
cont.html; Split from RIN 2050-AE21;
EPA Docket information: EPA-HQ-
RCRA-2001-0032.
Sectors Affected: 325 Chemical
Manufacturing; 2211 Electric Power
Generation, Transmission and
Distribution; 332 Fabricated Metal
Product Manufacturing; 2122 Metal Ore
Mining; 2111 Oil and Gas Extraction;
326 Plastics and Rubber Products
Manufacturing; 331 Primary Metal
Manufacturing; 323 Printing and
Related Support Activities; 3221 Pulp,
Paper, and Paperboard Mills; 482 Rail
Transportation; 484 Truck
Transportation; 5621 Waste Collection;
56221 Waste Treatment and Disposal;
483 Water Transportation
URL For More Information:
wrwrwf.epa.gov/epaoswrer/hazwraste/
gener/manifest
Agency Contact: Rich LaShier,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5304P, Washington, DC 20460
Phone: 703 308-8796
Fax: 703 308-0514
Email: lashier.rich@epa.gov
Bryan Groce, Environmental Protection
Agency, Solid Waste and Emergency
Response, 5304P, Washington, DC
20460
Phone: 703 308-8750
Fax: 703 308-0514
Email: groce.bryan@epa.gov
RIN: 2050-AG20
857. AMENDMENT TO THE
UNIVERSAL WASTE RULE: ADDITION
OF PHARMACEUTICALS
Priority: Other Significant
Legal Authority: 42 USC 69l2(a); 42
USC 6921; 42 USC 6922; 42 USC 6923;
42 USC 6924; 42 USC 6926; 42 USC
6927; 42 USC 6930; 42 USC 6937
CFR Citation: 40 CFR 260; 40 CFR 261;
40 CFR 264; 40 CFR 265; 40 CFR 268;
40 CFR 270; 40 CFR 273
Legal Deadline: None
Abstract: On December 2, 2008, EPA
proposed to add hazardous
pharmaceutical wastes to the federal
universal waste program. The universal
waste regulations streamline the
collection requirements for specified
hazardous wastes over current Resource
Conservation and Recovery Act (RCRA)
hazardous waste requirements. Even if
included under the universal waste
program, pharmaceutical universal
wastes will still need to be sent to
destination facilities that must comply
with the applicable requirements for
treatment, storage and disposal
facilities under the full hazardous
waste regulations. Finally, because this
rule is less stringent than current RCRA
hazardous waste regulations, authorized
states are not required to modify their
programs to adopt this regulation, if
finalized. Therefore, the regulated
entities that could opt-in to the
universal waste regime include those in
authorized states that have adopted the
universal waste rule and amended their
programs to include hazardous
pharmaceutical wastes.
Timetable:
Action
Date FR Cite
12/02/08 73 FR 73520
02/02/08
NPRM
NPRM Comment
Period End
Extension of Comment 01/30/09 74 FR 5633
Period
Comment Period End 03/04/09
Final Action 04/00/11
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State
Additional Information: SAN No. 5127;
EPA publication information: NPRM -
http://edocket.access.gpo.gov/2008/E8-
28161.htm; Docket for proposed rule:
http://www.regulations.gov/
fdmspublic/component/
main?main=DocketDetail&d =EPA-HQ-
RCRA-2007-0932; EPA Docket
information: EPA-HQ-RCRA-2007-0932.
URL For More Information:
www.epa.gov/wastes/hazard/
wastetypes/universal/pharm.htm
Agency Contact: Lisa Lauer,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5304P, Washington, DC 20460
Phone: 703 308-7418
Fax: 703 308-0514
Email: lauer.lisa@epa.gov
Mark Seltzer, Environmental Protection
Agency, Solid Waste and Emergency
Response, 5304P, Washington, DC
20460
Phone: 703 347-8955
Fax: 703 308-0514
Email: seltzer.mark@epa.gov
RIN: 2050-AG39
858. MODIFICATIONS TO RCRA
RULES ASSOCIATED WITH
SOLVENT-CONTAMINATED
INDUSTRIAL WIPES
Priority: Other Significant
Legal Authority: 42 USC 6921
CFR Citation: 40 CFR 261
Legal Deadline: None
Abstract: In 2003, EPA proposed to
modify the RCRA hazardous waste
regulations for management of solvent-
contaminated industrial wipes. EPA
proposed to conditionally exclude
disposed wipes from the definition of
hazardous waste and to conditionally
exclude laundered wipes from the
definition of solid waste. Based on
comments received on the proposal,
EPA has revised its risk analysis used
to evaluate the risks to human health
and the environment if solvent-
contaminated wipes or laundry sludge
are allowed to be disposed in a
municipal solid waste landfill. A
Notice of Data Availability published in
the Federal Register to allow the public
the opportunity to comment on the
revised risk analysis. If finalized, this
regulation will impact the management
of two types of solvent-contaminated
wipes: (1) Wipes disposed of in a
landfill or by combustion after use, and
(2) wipes that are laundered after use
to remove the solvent and then are
used again.
Timetable:
Action
Date FR Cite
11/20/03 68 FR 65586
02/18/04
10/27/09 74 FR 55163
NPRM
NPRM Comment
Period End
Notice of Data
Availability
Extension of Comment 12/15/09 74 FR 66259
Period
Comment Period End 02/26/10
Final Action 07/00/11
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State
Additional Information: SAN No. 4091;
EPA publication information: NPRM -
http://www.regulations.gov/search/
Regs/home.htmhdocument Detail?R=
09000064800elOel; EPA Docket
information: EPA-HQ-RCRA-2003-0004.
134
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Spring 2010 Semiannual Regulatory Agenda
EPA—Resource Conservation and Recovery Act (RCRA)
Long-Term Actions
Sectors Affected: 325 Chemical
Manufacturing; 334 Computer and
Electronic Product Manufacturing; 332
Fabricated Metal Product
Manufacturing; 337 Furniture and
Related Product Manufacturing; 333
Machinery Manufacturing; 441 Motor
Vehicle and Parts Dealers; 812 Personal
and Laundry Services; 323 Printing and
Related Support Activities; 811 Repair
and Maintenance; 336 Transportation
Equipment Manufacturing
URL For More Information:
http://www.epa.gov/
ep a waste/index, htm
Agency Contact: Teena Wooten,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5304P, Washington, DC 20460
Phone: 703 308-8751
Fax: 703 308-0514
Email: wooten.teena@epa.gov
RIN: 2050-AE51
859. REVISIONS TO LAND DISPOSAL
RESTRICTIONS TREATMENT
STANDARDS AND AMENDMENTS TO
RECYCLING REQUIREMENTS FOR
SPENT PETROLEUM REFINING
HYDROTREATING AND
HYDROREFINING CATALYSTS
Priority: Other Significant
Legal Authority: 42 USC 1006; 42 USC
2002(a); 42 USC 3001 to 3009; 42 USC
3014; 42 USC 6905; 42 USC 6906; 42
CFR 6912; 42 USC 6921; 42 USC 6922;
42 USC 6924 to 6927; 42 USC 6934;
42 USC 6937; 42 USC 6938
CFR Citation: 40 CFR 261; 40 CFR 268;
40 CFR 271
Legal Deadline: None
Abstract: In response to a rulemaking
petition, the Environmental Protection
Agency is considering amending the
Land Disposal Restriction (LDR)
treatment requirements for EPA Waste
Codes K172 and F037. EPA is also
responding to other elements of the
rulemaking petition in this notice.
Finally, in response to separate
comments received from petroleum
industry representatives, EPA is
considering proposing a rule to help
encourage consistent levels of recycling
of spent hydrotreating and
hydrorefining catalysts, in a manner
that protects human health and the
environment.
Timetable:
Action
Date FR Cite
Notice of Data
Availability
NPRM
10/20/03 68 FR 59935
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State
Additional Information: SAN No. 5070;
EPA publication information: Notice of
Data Availability -
http://www.epa.gov/fedrgstr/ EPA-
WASTE/ 2003/November/ Day-
24/f29319.htm; EPA Docket
information: Legacy Docket No. RCRA-
2003-0023 for 10/20/03 NODA.
Agency Contact: Ross Elliott,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5304P, Washington, DC 20460
Phone: 703 308-8748
Fax: 703 605-0594
Email: elliott.ross@epamail.epa.gov
RIN: 2050-AG34
860. RCRA SMARTER WASTE
REPORTING
Priority: Other Significant
Legal Authority: 42 USC 6922(a)(6)
CFR Citation: 40 CFR 262.41
Legal Deadline: None
Abstract: By implementing the Smarter
Waste Reporting initiative, EPA hopes
to decrease the regulatory burden on
respondents completing the Biennial
Report (BR) by eliminating the form for
waste shipped offsite. We plan to do
this by proposing to: (1) Substitute the
BR data with the more-timely data from
the eManifest system once legislation
is enacted and the system is developed
and operational; (2) present an option
for facilities with static hazardous
waste generation to report less
frequently; and (3) improve the
information we currently receive from
respondents who manage their waste
onsite, in an effort to improve the
quality of BR data.
Timetable:
Action
Date
FR Cite
NPRM To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No. 4735.
Agency Contact: Peggy Vyas,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5302P, Washington, DC 20460
Phone: 703 308-5477
Fax: 703 308-8433
Email: vyas.peggy@epa.gov
Dwane Young, Environmental
Protection Agency, Solid Waste and
Emergency Response, 5302P,
Washington, DC 20460
Phone: 703 308-8433
Fax: 703 308-8433
Email: young.dwane@epa.gov
RIN: 2050-AFOl
861. IDENTIFYING THE UNIVERSE OF
GOVERNMENT RESEARCH IN
LABORATORIES AND DETERMINING
STUDENT INVOLVEMENT IN
GENERATING LABORATORY
HAZARDOUS WASTE
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 6922
CFR Citation: 40 CFR 262
Legal Deadline: None
Abstract: The Academic Laboratory
Rulemaking was published on
December 1, 2008. At the time of the
rulemaking, the Agency did not have
sufficient information about student
populations in government research
laboratories to include government
research laboratories in the
applicability of the final Laboratories
Rule. As a result, the Agency is
publishing a Notice of Data Availability
making available the data we have on
government research laboratories and
solicit comment on whether it is
accurate, as well as solicit comment on
the number of students in government
research laboratories.
Timetable:
Action
Date
FR Cite
Notice of Data To Be Determined
Availability
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State
Additional Information: SAN No.
4920.1; EPA publication information:
135
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Spring 2010 Semiannual Regulatory Agenda
EPA—Resource Conservation and Recovery Act (RCRA)
Long-Term Actions
NPRM - http://www.epa.gov/fedrgstr/
EPA-WASTE/2006/May/ Day-
23/f4654.htm; Split from RDM 2050-
AG18. No legal deadline; EPA Docket
information: EPA-HQ-RCRA-2003-0012.
Agency Contact: Patricia Mercer,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5304P, Washington, DC 20460
Phone: 703 308-8408
Fax: 703 308-0522
Email: mercer.patricia@epa.gov
Jessica Biegelson, Environmental
Protection Agency, Solid Waste and
Emergency Response, 5304P,
Washington, DC 20460
Phone: 703 308-8286
Fax: 703 308-0026
Email: biegelson.jessica@epa.gov
RIN: 2050-AG54
862. RCRA SUBTITLE C FINANCIAL
TEST CRITERIA REGULATORY
DETERMINATION
Priority: Other Significant
Legal Authority: 42 USC 69l2(a); 42
USC 6924; 42 USC 6925; 42 USC 6926
CFR Citation: 40 CFR 264; 40 CFR 265;
40 CFR 761
Legal Deadline: None
Abstract: The RCRA subtitle C
financial test is one of several
mechanisms available to the regulated
community for demonstrating financial
assurance for closure/post-closure of
their facilities. EPA decided at the end
of the second quarter of FY 2007 to
analyze whether regulatory changes are
needed to ensure the test's continued
and effective use. Test criteria have not
been updated since they were initially
promulgated in 1982. Concerns have
been raised that the criteria are
outdated and no longer adequately
predict a company's continued
solvency, such that some States are not
allowing companies to use the test,
reducing the number of mechanisms
that are available.
Additionally, some language in the
financial test reporting requirements is
no longer consistent with current
professional standards under Generally
Acceptable Accounting Principles.
Addressing this inconsistency would
facilitate implementation by regulators.
Timetable:
Action
NPRM Original
NPRM
NPRM on
Date FR Cite
07/01/91 56 FR 30201
10/12/94 59 FR 51 523
To Be Determined
Determination
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 2647.
Sectors Affected: 325188 All Other
Basic Inorganic Chemical
Manufacturing; 325199 All Other Basic
Organic Chemical Manufacturing;
33299 All Other Fabricated Metal
Product Manufacturing; 333999 All
Other General Purpose Machinery
Manufacturing; 325998 All Other
Miscellaneous Chemical Product
Manufacturing; 336399 All Other Motor
Vehicle Parts Manufacturing; 331311
Alumina Refining; 4411 Automobile
Dealers; 323110 Commercial
Lithographic Printing; 334 Computer
and Electronic Product Manufacturing;
22111 Electric Power Generation;
332813 Electroplating, Plating,
Polishing, Anodizing and Coloring;
325193 Ethyl Alcohol Manufacturing;
221112 Fossil Fuel Electric Power
Generation; 45431 Fuel Dealers; 4471
Gasoline Stations; 811111 General
Automotive Repair; 32512 Industrial
Gas Manufacturing; 325131 Inorganic
Dye and Pigment Manufacturing; 33271
Machine Shops; 56292 Materials
Recovery Facilities; 333319 Other
Commercial and Service Industry
Machinery Manufacturing; 32551 Paint
and Coating Manufacturing; 32511
Petrochemical Manufacturing; 42271
Petroleum Bulk Stations and Terminals;
32411 Petroleum Refineries; 325211
Plastics Material and Resin
Manufacturing; 323114 Quick Printing;
22132 Sewage Treatment Facilities;
48422 Specialized Freight (except Used
Goods) Trucking, Local; 311942 Spice
and Extract Manufacturing; 336
Transportation Equipment
Manufacturing; 56211 Waste Collection;
56221 Waste Treatment and Disposal
Agency Contact: Tricia Buzzell,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5303P, Washington, DC 20460
Phone: 703 308-8622
Fax: 703 308-8609
Email: buzzell.tricia@epa.gov
RIN: 2050-AC71
Environmental Protection Agency (EPA)
Resource Conservation and Recovery Act (RCRA)
Completed Actions
863. REQUIREMENTS FOR
TRANSBOUNDARY SHIPMENTS OF
WASTES, EXPORT SHIPMENTS OF
SPENT LEAD-ACID BATTERIES,
SUBMITTING EXCEPTION REPORTS
FOR EXPORT SHIPMENTS OF
HAZARDOUS WASTES, AND IMPORTS
OF HAZARDOUS WASTE
Priority: Other Significant
Legal Authority: 42 USC 6901 et seq
CFR Citation: 40 CFR 262 subpart H
(Revision); 40 CFR 262.58; 40 CFR
262.10(d); 40 CFR 263.10(d); 40 CFR
266.80(a); 40 CFR 262.55; 40 CFR
264.71(a)(3); 40 CFR 265.71 (a)(3); 40
CFR 271.l(j)
Legal Deadline: None
Abstract: The Agency revised the
Resource Conservation and Recovery
Act (RCRA) regulation regarding the
transboundary movement of hazardous
waste among countries belonging to the
Organization for Economic Cooperation
and Development (OECD), as specified
in 40 CFR part 262, subpart H, to
implement revisions that the OECD
made to both its framework for
hazardous waste transboundary
movements between Member countries
and to its waste lists. The revisions
were adopted by the OECD to create
a more streamlined, uniform system for
exports and imports, resulting in a
more efficient international recycling
market and increased recycling among
the Member countries. In addition to
the OECD amendments, the Agency
amended the regulations under RCRA
regarding the transboundary
movements of spent lead-acid batteries
being reclaimed, as specified in 40 CFR
part 266, subpart G, to require
appropriate notice and consent for
those batteries intended for
export/reclamation. EPA amended the
136
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Spring 2010 Semiannual Regulatory Agenda
EPA—Resource Conservation and Recovery Act (RCRA)
Completed Actions
current regulations in the interest of
harmonizing them with both the
amendments adopted by the OECD in
2001 and EPA's existing export
requirements for RCRA Universal
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Solid Waste and Emergency Response,
5304P, Washington, DC 20460
Phone: 703 308-0005
Fax: 703 308-0514
Email: coughlan.laura@epa.gov
vvabie.
Timetable:
Action Date FR Cite
NPRM 10/06/08 73 FR 58388
NPRM Comment 12/05/08
Period End
Final Action 01/08/10 75 FR 1236
Environmental Protection Agency
Additional Information: SAN No. 4606;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/ EPA-
WASTE/2008/October/ Day-
06/f22536.pdf; EPA Docket information:
EPA-HQ-RCRA-2005-0018.
Agency Contact: Laura Coughlan,
Environmental Protection Agency,
(EPA)
Comprehensive Environmental Response, Compensation and Liability
864. NATIONAL PRIORITIES LIST FOR
1 1 M^/"\MTD/"\I 1 C r\ LJ A 7 A Dl"^/"\l IO
UNCONTROLLED HAZARDOUS
WASTE SITES
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 9605
CFR Citation: 40 CFR 300.425
Legal Deadline: None
Abstract: This action will revise the
sites included on the National Priorities
List (NPL) of uncontrolled waste sites
in the National Contingency Plan
(NCP). CERCLA requires that the
Agency revise the NPL at least
annually. Periodic revisions will allow
EPA to include sites on the NPL with
known or threatened hazardous
substance releases and to delete sites
that have been cleaned up.
Timetable:
Action Date FR Cite
Final 20 03/06/98 63 FR 11332
NPRM 24 03/06/98 63 FR 11 340
Final 21 07/28/98 63 FR 401 82
NPRM 25 07/28/98 63 FR 40247
Final Tex-Tin 09/18/98 63 FR 49855
Final 22 09/29/98 63 FR 51 848
NPRM 26 09/29/98 63 FR 51 882
Final 23 01/19/99 64 FR 2942
NPRM 27 01/19/99 64 FR 2950
NPRM Midnight Mine 02/16/99 64 FR 7564
NPRM 28 04/23/99 64 FR 19968
Final 24 05/10/99 64 FR 24949
NPRMAImeda 05/10/99 64 FR 24990
Final 25 07/22/99 64 FR 39878
NPRM 29 07/22/99 64 FR 39886
Final Pools Prairie 09/1 7/99 64 FR 50459
NPRM 30 10/22/99 64 FR 56992
Final Action 10/22/99 64 FR 56966
Final 26 02/04/00 65 FR 5435
NPRM 31 02/04/00 65 FR 5468
Final 28 05/11/00 65 FR 30482
Action Date FR Cite
NPRM 32 05/11/00 65 FR 30489
Final 29 07/27/00 65 FR 46096
NPRM 33 07/27/00 65 FR 461 31
NPRM 08/24/00 65 FR 51567
Alabama/Malone
Final 30 12/01/00 65 FR 751 79
NPRM 34 12/01/00 65 FR 7521 5
NPRM 35 01/11/01 66 FR 2380
Final 31 06/14/01 66 FR 32235
NPRM 36 06/14/01 66 FR 32287
Final 32 09/13/01 66 FR 47583
NPRM 37 09/13/01 66 FR 4761 2
NPRM Libby/Omaha 02/26/02 67 FR 8836
Final adds 19 sites 09/05/02 67 FR 56757
NPRM 38 09/05/02 67 FR 56794
Final Action- 10/24/02 67FR65315
Final Action— 04/30/03 68 FR 23077
NPRM1 04/30/03 68 FR 23094
Final 35 (adds 12 09/29/03 68 FR 55875
sites)
NPRM 40 03/08/04 69 FR 10646
Final 36 07/23/04 69 FR 43755
NPRM-Vieques 08/13/04 69 FR 501 15
Final 37 09/23/04 69 FR 56949
NPRM 41 09/23/04 69 FR 56970
Final -Vieques 02/11/05 70 FR 71 84
Final 38 04/27/05 70 FR 21644
NPRM 42 04/27/05 70 FR 21 71 8
Final 39 09/14/05 70 FR 54286
NPRM 43 09/14/05 70 FR 54327
Final40 04/19/06 71 FR 2001 6
NPRM-44 04/19/06 71 FR 20052
Final 41 09/27/06 71 FR 56399
NPRM 45 09/27/06 71 FR 56433
Final 42 03/07/07 72 FR 10078
NPRM 46 03/07/07 72 FR 101 05
Final 43 09/19/07 72 FR 53463
NPRM 47 09/19/07 72 FR 53509
Final 44 03/19/08 73 FR 1471 9
NPRM 48 03/19/08 73 FR 14742
Final 45 09/03/08 73 FR 51368
NPRM 49 09/03/08 73 FR 51393
Final 46 04/09/09 74 FR 161 26
Frank McAlister, Environmental
Protection Agency, Solid Waste and
Emergency Response, 5304P,
Washington, DC 20460
Phone: 703 308-8196
Fax: 703 308-0514
Email: mcalister.frank@epa.gov
RIN: 2050-AE93
Proposed Rule Stage
Act
Action Date FR Cite
NPRM 50 04/09/09 74 FR 161 62
Final 47 09/23/09 74 FR 4841 2
NPRM 51 09/23/09 74 FR 48504
NPRM-Newtown 09/23/09 74 FR 4851 1
Creek
Final 48 11/04/09 74 FR 57085
Final - Gowanus 04/00/1 0
Canal
Final 49 04/00/1 0
NPRM-52 04/00/10
Final 50 09/00/1 0
Final-Newtown Creek 09/00/10
NPRM-53 09/00/10
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Additional Information: SAN No. 3439;
EPA publication information: Final 40
- http://frwebgate6.access.gpo.gov/cgi-
bin/ waisgate.cgi?WAISdocID-
619238216602+ 0+0+0&
WAISaction=retrieve; EPA Docket
information: EPA-HQ-SFUND-2010-
XXXX.
URL For More Information:
wr\vwf.epa.gov/superfund
Agency Contact: Terry Jeng,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5204P, Washington, DC 20460
Phone: 703 603-8852
Fax: 703 603-9104
Email: jeng.terry@epa.gov
Doug Ammon, Environmental
Protection Agency, Solid Waste and
Emergency Response, 5204P,
Washington, DC 20460
Phone: 202 347-8925
Fax: 703 603-9104
137
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Spring 2010 Semiannual Regulatory Agenda
EPA—Comprehensive Environmental Response, Compensation and Liability Act Proposed Rule Stage
Email: ammon.doug@epa.gov
RIN: 2050-AD75
Environmental Protection Agency (EPA)
Comprehensive Environmental Response, Compensation and Liability Act
Final Rule Stage
865. REVISION OF COOPERATIVE
AGREEMENTS AND SUPERFUND
STATE CONTRACTS FOR
SUPERFUND RESPONSE ACTIONS
Priority: Other Significant
Legal Authority: 42 USC 9601 et seq
CFR Citation: 40 CFR 35
Legal Deadline: None
Abstract: 40 CFR Part 35 subpart O
prescribes requirements for
administering cooperative agreements
(CAs) awarded to states, Native
American tribes, and political
subdivisions to conduct remedial
actions, non-time-critical removal
actions, pre-remedial activities, and
other response activities authorized by
the Comprehensive Environmental
Response, Compensation and Liability
Act (CERCLA) section 104(a)-(j). In
addition, subpart O prescribes
requirements for the Superfund State
Contract that is necessary whenever
EPA or a political subdivision is the
lead agency for a CERCLA remedial
action. Subpart O rules were originally
promulgated on June 5, 1990, and
revised May 2, 2007. The Agency is
considering revising the May 2, 2007,
rule to further reduce the recipients'
burden by allowing quarterly and
semiannual progress reports to be due
in 60 days, instead of 30 days. Also,
under a Superfund State Contract, the
Agency is considering whether the
recipient may request that the
overpayment of cost share from one site
be applied to meet the cost share
requirement of another site.
Timetable:
Action
Date
FR Cite
Final Action
08/00/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No. 5376;
EPA Docket information: EPA-HQ-
SFUND-2010-0085.
URL For More Information:
www.epa.gov/superfund
Agency Contact: Angelo Carasea,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5204P, Washington, DC 20460
Phone: 703 603-8828
Fax: 703 603-9104
Email: carasea.angelo@epa.gov
Doug Ammon, Environmental
Protection Agency, Solid Waste and
Emergency Response, 5204P,
Washington, DC 20460
Phone: 202 347-8925
Fax: 703 603-9104
Email: ammon.doug@epa.gov
RIN: 2050-AG58
Environmental Protection Agency (EPA)
Comprehensive Environmental Response, Compensation and Liability Act
Long-Term Actions
866. CERCLA 108(B) FINANCIAL
RESPONSIBILITY
Priority: Other Significant. Major status
under 5 USC 801 is undetermined.
Unfunded Mandates: Undetermined
Legal Authority: 42 USC 9601 et seq;
42 USC 9608 (b)
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: Section 108(b) of the
Comprehensive Environmental
Response, Compensation, and Liability
Act (CERCLA) of 1980, as amended,
establishes certain authorities
concerning financial responsibility
requirements. The Agency has
identified classes of facilities within the
chemical manufacturing industry; the
petroleum and coal products
manufacturing industry, which
primarily includes refineries and not
coal mines; and the electric power
generation, transmission, and
distribution industry as those for which
any necessary financial responsibility
requirements will be developed. This
proposal will contain requirements for
financial responsibility, as well as
notification and implementation.
Timetable:
Action
Date FR Cite
Priority Notice 07/28/09 74 FR 37213
ANPRM 01/06/10 75FR816
Extension of Comment 02/04/10 75 FR 5715
Period
NPRM 09/00/11
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected:
Undetermined
Federalism: Undetermined
Additional Information: SAN No. 5350;
EPA publication information: Priority
Notice - http://www.epa.gov/fedrgstr/
EPA-WASTE/2009/July/ Day-
28/fl6819.pdf; EPA Docket information:
EPA-HQ-SFUND-2009-0834.
Agency Contact: Ben Lesser,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5302P, Washington, DC 20460
Phone: 703 308-0314
Email: lesser.ben@epa.gov
Elaine Eby, Environmental Protection
Agency, Solid Waste and Emergency
Response, 5304P, Washington, DC
20460
Phone: 703 308-8449
Email: eby.elaine@epa.gov
RIN: 2050-AG56
867. CORRECTION OF ERRORS AND
ADJUSTMENT OF CERCLA
REPORTABLE QUANTITIES
Priority: Other Significant
Legal Authority: 42 USC 9602 to 9603
CFR Citation: 40 CFR 302 (Revision)
Legal Deadline: None
138
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Spring 2010 Semiannual Regulatory Agenda
EPA—Comprehensive Environmental Response, Compensation and Liability Act
Long-Term Actions
Abstract: EPA is considering a
proposal for corrections and other
adjustments to 40 CFR 302.4, the
Designation of Hazardous Substances.
The proposal may include the
correction of entries for individual
substances, entries for F-and K- waste
streams and entries in Appendix A of
40 CFR 302.4. Other aspects of the
proposal may include additional
substances as entries in Table 302.4,
Appendix A to Section 302.4, and the
table in Section 302.6(b)(iii); removal of
other entries from these lists; and
amendments to certain footnotes that
explain entries in Table 302.4.
Timetable:
Action
Date
FR Cite
NPRM
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected:
Undetermined
Additional Information: SAN No. 4737.
Agency Contact: Lynn Beasley,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5104A, Washington, DC 20460
Phone: 202 564-1965
Fax: 202 564-2625
Email: beasley.lynn@epa.gov
RIN: 2050-AF03
868. NATIONAL CONTINGENCY PLAN
REVISIONS TO ALIGN WITH THE
NATIONAL RESPONSE PLAN
Priority: Other Significant
Legal Authority: 42 USC 9601 et seq
CFR Citation: 40 CFR 300
Legal Deadline: None
Abstract: The purpose of this
regulation is to revise the National
Contingency Plan (NCP) to align it with
the National Response Framework
(NRF). The purpose of the NCP is to
provide the organizational structure
and procedures for preparing for and
responding to discharges of oil and
releases of hazardous substances,
pollutants, and contaminants (see 40
CFR 300.1). The purpose of the NRF
is to provide a guide that describes how
the nation conducts all-hazard response
to domestic incidents. The NRF was
developed by the Department of
Homeland Security, in consultation
with federal (including EPA), State,
Tribal, local governments, first
responder organizations, private sector
preparedness and relief groups.
Alignment of the NCP with the NRF
will facilitate smooth integration of
emergency response activities under the
NCP with the NRF when both plans
are activated for an incident. The NRF
does not alter the existing authorities
of Federal departments and agencies,
but rather, establishes the coordinating
framework to integrate the authorities
of various agencies into an all-hazard
approach to incident management. EPA
is making another minor revision to the
NCP. The descriptions of Federal
agency capabilities are being updated
and modifications are being made,
where appropriate, to reflect the
Department of Homeland Security
organization.
Timetable:
Action
Date
FR Cite
NPRM To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Federalism: Undetermined
Additional Information: SAN No. 4971.
Agency Contact: Lynn Beasley,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5104A, Washington, DC 20460
Phone: 202 564-1965
Fax: 202 564-2625
Email: beasley.lynn@epa.gov
Jean Schumann, Environmental
Protection Agency, Solid Waste and
Emergency Response, 5104A,
Washington, DC 20460
Phone: 202 564-1977
Fax: 202 564-2620
Email: schumann.jean@epa.gov
RIN: 2050-AG22
Environmental Protection Agency (EPA)
Clean Water Act
P re rule Stage
869. • EFFLUENT GUIDELINES AND
STANDARDS FOR THE CENTRALIZED
WASTE TREATMENT INDUSTRY
(SECTION 610 REVIEW)
Priority: Info./Admin./Other
Legal Authority: 5 USC 610
CFR Citation: None
Legal Deadline: None
Abstract: In December 2000, EPA
promulgated effluent limitations for the
Centralized Waste Treatment (CWT)
Point Source Category at 40 CFR 437
(65 FR 81241, December 22, 2000). A
CWT facility treats or recovers
hazardous or non-hazardous industrial
waste, wastewater, or used material
from off-site. The regulation established
wastewater discharge standards for
three major types of wastes: metal-
bearing, oily, and organic. EPA issued
a Small Entity Compliance Guide,
which provides easy-to-read
descriptions of the regulations and
other helpful information on how to
comply such as a question and answer
section.
EPA announces this new action,
pursuant to Section 610 of the
Regulatory Flexibility Act, to initiate a
review of the rule to determine if it
should be continued without change, or
should be rescinded or amended to
minimize adverse economic impacts on
small entities. As part of this review,
EPA will consider, and solicits
comments on, the following factors: (1)
The continued need for the rule; (2)
the nature of complaints or comments
received concerning the rule; (3) the
complexity of the rule; (4) the extent
to which the rule overlaps, duplicates,
or conflicts with other Federal, State,
or local government rules; and (5) the
degree to which technology, economic
conditions, or other factors have
changed in the area affected by the
rule. Comments must be received by 90
days from this publication. In
submitting comments, please reference
Docket ID number EPA-HQ-OW-2010-
0169, and follow the instructions
provided in an earlier section of the
preamble to this issue of the Regulatory
Agenda. EPA will summarize the
results of this review in a report and
place that report in the rulemaking
docket referenced above. You can
139
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Spring 2010 Semiannual Regulatory Agenda
EPA—Clean Water Act
Prerule Stage
access that docket at
wrwrwf.regulations.gov.
EPA continues to view the effluent
limitations for the CWT category as a
necessary component of the
comprehensive program to restore and
maintain the quality of our Nation's
waters. EPA intends to continue to
require compliance with the regulation.
Until and unless the Agency modifies
the rule, the discharges described in 40
CFR 437.1 remain subject to the final
rules.
Timetable:
Action
Date
FR Cite
FinalRule 12/22/00 65 FR 81241
Begin Review 04/00/10
End Comment Period 07/00/10
End Review 12/00/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5444;
Related to RDM 2040-AB78; EPA Docket
information: EPA-HQ-OW-2010-0169.
Agency Contact: Erik Helm,
Environmental Protection Agency,
4303T, Washington, DC 20460
Phone: 202 566-1049
Fax: 202 566-1053
Email: helm.erik@epa.gov
RIN: 2040-AF18
Environmental Protection Agency (EPA)
Clean Water Act
Proposed Rule Stage
870. REVISIONS TO THE NATIONAL
OIL AND HAZARDOUS SUBSTANCES
POLLUTION CONTINGENCY PLAN;
PRODUCT SCHEDULE LISTING
REQUIREMENTS
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC I32l(d)(2); 33
USC 1321(b)(3); CWA 311(d)(2)
CFR Citation: 40 CFR 300; 40 CFR 110
Legal Deadline: None
Abstract: EPA is considering proposing
revisions to subpart J of the National
Contingency Plan (NCP). The Clean
Water Act requires EPA to prepare a
schedule of dispersants, other
chemicals, and other spill mitigating
devices and substances, if any, that
may be used in carrying out the NCP.
Under subpart J, respondents wishing
to add a product to the Product
Schedule must submit technical
product data to EPA. The Agency is
considering revisions to subpart J to
clarify and/or change protocols for
adding a product to the Product
Schedule, effectiveness and toxicity
testing. These changes, if finalized, will
help ensure protection of the
environment when these products are
used to clean up and mitigate oil spills
(1) into or upon navigable waters,
adjoining shorelines, the waters of the
contiguous zone, or (2) which may
affect natural resources belonging to or
under the exclusive management
authority of the United States. Further,
the Agency is considering proposed
changes to 40 CFR 110.4 regarding the
use of dispersants.
Timetable:
Action
Date
FR Cite
NPRM
07/00/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No. 4526.
Sectors Affected: 3251 Basic Chemical
Manufacturing; 325 Chemical
Manufacturing; 3259 Other Chemical
Product Manufacturing; 54 Professional,
Scientific and Technical Services
URL For More Information:
wrwrwr.epa.gov/oilspill
Agency Contact: William Nichols,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5104A, Washington, DC 20460
Phone: 202 564-1970
Fax: 202 564-2625
Email: nichols.nick@epa.gov
Leigh DeHaven, Environmental
Protection Agency, Solid Waste and
Emergency Response, 5104A,
Washington, DC 20460
Phone: 202 564-1974
Fax: 202 564-2625
Email: dehaven.leigh@epa.gov
RIN: 2050-AE87
871. DEVELOPMENT OF BEST
MANAGEMENT PRACTICES FOR
RECREATIONAL BOATS
Priority: Other Significant
Legal Authority: 33 USC 1251 et seq
CFR Citation: 40 CFR 140 (Revision)
Legal Deadline: Final, Statutory, July
29, 2009, Clean Boating Act requires
promulgation within 1 year of
enactment.
Abstract: This action is for the
development of regulations by EPA to
implement the Clean Boating Act (Pub.
L. 110-288), which was signed by the
President on July 29, 2008. The Clean
Boating Act amends section 402 of the
Clean Water Act (CWA) to exclude
recreational vessels from National
Pollutant Discharge Elimination System
permitting requirements. In addition, it
adds a new CWA section 312(o)
directing EPA to develop regulations
that identify the discharges incidental
to the normal operation of recreational
vessels (other than a discharge of
sewage) for which it is reasonable and
practicable to develop management
practices to mitigate adverse impacts on
waters of the United States. The
regulations also need to include those
management practices, including
performance standards for each such
practice. Following promulgation of the
EPA performance standards, new CWA
section 312(o) directs the Coast Guard
to promulgate regulations governing the
design, construction, installation, and
use of the management practices.
Following promulgation of the Coast
Guard regulations, the Clean Boating
Act prohibits the operation of a
recreational vessel or any discharge
incidental to their normal operation in
waters of the United States and waters
of the contiguous zone (i.e., 12 miles
into the ocean), unless the vessel owner
or operator is using an applicable
management practice meeting the EPA-
developed performance standards.
Timetable:
Action
Date FR Cite
NPRM
Final Action
10/00/10
10/00/11
140
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Spring 2010 Semiannual Regulatory Agenda
EPA—Clean Water Act
Proposed Rule Stage
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected:
Undetermined
Additional Information: SAN No. 5311.
Agency Contact: Brian Rappoli,
Environmental Protection Agency,
Water, 4504T, Washington, DC 20460
Phone: 202 566-1548
Email: rappoli.brian@epamail.epa.gov
John Lishman, Environmental
Protection Agency, Water, 4504T,
Washington, DC 20460
Phone: 202 566-1364
Email: lishman.john@epamail.epa.gov
RIN: 2040-AF03
872. GUIDELINES ESTABLISHING
TEST PROCEDURES FOR THE
ANALYSIS OF POLLUTANTS UNDER
THE CLEAN WATER ACT; ANALYSIS
AND SAMPLING PROCEDURES
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1251; 33 USC
1314(h); 33 USC 1361(a)
CFR Citation: 40 CFR 136; 40 CFR 423;
40 CFR 430; 40 CFR 435
Legal Deadline: None
Abstract: This regulatory action would
propose to amend "Guidelines
Establishing Test Procedures for the
Analysis of Pollutants" at 40 CFR part
136 to approve test procedures
(analytical methods) for use by testing
laboratories for water monitoring. These
test procedures are used to implement
the NPDES program unless an alternate
procedure is approved by a Regional
Administrator. The proposed regulation
would also revise, clarify, and correct
errors and ambiguities in existing
methods and the water monitoring
regulations.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
06/00/10
06/00/11
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: Federal,
State
Additional Information: SAN No. 5363.
URL For More Information:
www.epa.gov/waterscience/methods/
possible-updates.html
Agency Contact: Meghan Hessenauer,
Environmental Protection Agency,
Water, 4303T, Washington, DC 20460
Phone: 202 566-1040
Fax: 202 566-1053
Email:
hessenauer.meghan@epamail.epa.gov
Lemuel Walker, Environmental
Protection Agency, Water, 4303T,
Washington, DC 20460
Phone: 202 566-1077
Email: walker.lemuel@epamail.epa.gov
RIN: 2040-AF09
873. CRITERIA AND STANDARDS FOR
COOLING WATER INTAKE
STRUCTURES
Priority: Economically Significant.
Major under 5 USC 801.
Unfunded Mandates: Undetermined
Legal Authority: CWA 101; CWA 308;
CWA 316; CWA 402; CWA 501; CWA
510
CFR Citation: 40 CFR 122; 40 CFR 123;
40 CFR 124; 40 CFR 125
Legal Deadline: None
Abstract: Section 316(b) of the Clean
Water Act (CWA) requires EPA to
ensure that the location, design,
construction, and capacity of cooling
water intake structures reflect the best
technology available (BTA) for
minimizing adverse environmental
impacts. In developing regulations to
implement section 316(b), EPA divided
its effort into three rulemaking phases.
Phase II, for existing electric generating
plants that use at least 50 MGD of
cooling water, was completed in July
2004. Industry and environmental
stakeholders challenged the Phase II
regulations. On review, the U.S. Court
of Appeals for the Second Circuit
remanded several key provisions. In
July 2007, EPA suspended Phase II.
Following the decision in the Second
Circuit, several parties petitioned the
U.S. Supreme Court to review that
decision, and the Supreme Court
granted the petitions, limited to the
issue of whether the Clean Water Act
authorized EPA to consider the
relationship of costs and benefits in
establishing section 316(b) standards.
On April 1, 2009, the Supreme Court
reversed the Second Circuit, finding
that the Agency may consider cost-
benefit analysis in its decisionmaking,
but not holding that the Agency must
consider costs and benefits in these
decisions. In June 2006, EPA
promulgated the Phase III regulation,
covering existing electric generating
plants using less than 50 MGD of
cooling water, new offshore oil and gas
facilities, and all existing
manufacturing facilities. Petitions to
review this rule were filed in the U.S.
Court of Appeals for the Fifth Circuit.
EPA has asked for a partial voluntary
remand of the determinations in the
Phase III regulation concerning existing
facilities, in order to issue a regulation
that addresses both Phase II and III
existing facilities. EPA expects this new
rulemaking would apply to the
approximately 1,200 existing electric
generating and manufacturing plants.
Timetable:
Action
Date FR Cite
NPRM
Final Action
09/00/10
07/00/12
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: Local,
State
Federalism: Undetermined
Additional Information: SAN No. 5210;
EPA Docket information: EPA-HQ-OW-
2008-0667.
URL For More Information:
www.epa.gov/waterscience/316b
Agency Contact: Paul Shriner,
Environmental Protection Agency,
Water, 4303T, Washington, DC 20460
Phone: 202 566-1076
Email: shriner.paul@epamail.epa.gov
Jan Matuszko, Environmental
Protection Agency, Water, 4303T,
Washington, DC 20460
Phone: 202 566-1035
Email: matuszko.jan@epamail.epa.gov
RIN: 2040-AE95
874. NATIONAL POLLUTANT
DISCHARGE ELIMINATION SYSTEM
(NPDES): USE OF SUFFICIENTLY
SENSITIVE TEST METHODS FOR
PERMIT APPLICATIONS AND
REPORTING
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1311 CWA
301; 33 USC 1312 CWA 302; 33 USC
1314 CWA 304; 33 USC 1316 CWA
306; 33 USC 1318 CWA 308; 33 USC
1342 CWA 402; 33 USC 1361 CWA 501
141
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Spring 2010 Semiannual Regulatory Agenda
EPA—Clean Water Act
Proposed Rule Stage
CFR Citation: 40 CFR 122; 40 CFR 136
Legal Deadline: None
Abstract: EPA is launching an effort to
update specific elements of the existing
NPDES regulations in order to provide
clarifications related to the NPDES
permit application and NPDES permit
monitoring analytical detection level
requirements.
Timetable:
Action
Date FR Cite
NPRM
Final Action
04/00/10
11/00/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No. 3786.
Agency Contact: Kathryn Kelley,
Environmental Protection Agency,
Water, 4203M, Washington, DC 20460
Phone: 202 564-7004
Fax: 202 564-9544
Email: kelley.kathryn@epamail.epa.gov
David Hair, Environmental Protection
Agency, Water, 4203M, Washington, DC
20460
Phone: 202 564-2287
Fax: 202 564-9544
Email: hair.david@epamail.epa.gov
RIN: 2040-AC84
875. • SPCC COMPLIANCE DATE
EXTENSION
Priority: Other Significant
Legal Authority: 33 USC 1321
CFR Citation: 40 CFR 112
Legal Deadline: None
Abstract: On November 13, 2009, EPA
amended the Spill Prevention Control,
and Countermeasures (SPCC) rule. The
amendments completed the SPCC
action proposed on October 15, 2007
(72 FR 58378), finalized on December
5, 2008 (73 FR 74236), and for which
the Agency considered public
comments again in February 2009 (74
FR 5900, February 3, 2009). However,
EPA recognizes that because of the
changes in this action, and specifically
provisions that have been removed
from the December 2008 Amendments,
facilities may need additional time to
comply with the SPCC amendments.
Because of the uncertainty surrounding
the final amendments to the December
5, 2008, rule and the delay of the
effective date, the Agency will propose
to extend the compliance date.
Timetable:
Action
Date FR Cite
NPRM
Final Action
04/00/10
08/00/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No.
2634.9.
Agency Contact: Vanessa Principe,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5104A, Washington, DC 20460
Phone: 202 564-7913
Fax: 202 564-2625
Email: principe.vanessa@epa.gov
Mark Howard, Environmental
Protection Agency, Solid Waste and
Emergency Response, 5104A,
Washington, DC 20460
Phone: 202 564-1964
Fax: 202 564-2625
Email: howard.markw@epa.gov
RIN: 2050-AG59
876. AMENDMENT TO EFFLUENT
GUIDELINES FOR PRIMARY
ALUMINUM SMELTING
SUBCATEGORY OF THE
NONFERROUS METALS
MANUFACTURING POINT SOURCE
CATEGORY
Priority: Substantive, Nonsignificant
Legal Authority: CWA 301; CWA 304;
CWA 306; CWA 307; CWA 308; CWA
501
CFR Citation: 40 CFR 421
Legal Deadline: None
Abstract: EPA plans to amend 40 CFR
421 to create updated discharge
standards for those primary aluminum
smelters that use both wet and dry
scrubbing of their air emissions. As
currently written, allowances exist for
individual contributions to effluent
discharges from a variety of processes
present at primary aluminum smelter.
These allowances include one for
wastewater contributions resulting from
the wet scrubbing of sulfur dioxide
from potline emissions (40 CFR
421.23(n)). As the Agency continues to
strengthen the regulation of air
pollution from aluminum smelters, it is
increasingly likely that higher
wastewater pollutant concentrations
from these wet scrubbers will result.
The State of New York has identified
a facility that exhibits just this problem
with the discharge of fluoride, as a
result of interference by sulfur captured
by the facility's wet scrubber. The
extent of this problem is such that the
facility is unable to comply with its
fluoride effluent limit. An amendment
of the current effluent guideline is
expected to resolve this tension and
make it easier for the Agency and
regulated entities to manage cross-
media effects.
Timetable:
Action
Date FR Cite
NPRM
Final Action
06/00/10
06/00/11
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State
Additional Information: SAN No. 5362;
EPA Docket information: EPA-HQ-OW-
2010-0137.
Agency Contact: Ahmar Siddiqui,
Environmental Protection Agency,
Water, 4303T, Washington, DC 20460
Phone: 202 566-1044
Fax: 202 566-1053
Email: siddiqui.ahmar@epamail.epa.gov
Janet Goodwin, Environmental
Protection Agency, Water, 4303T,
Washington, DC 20460
Phone: 202 566-1060
Fax: 202 566-1053
Email: goodwin.janet@epamail.epa.gov
RIN: 2040-AF12
877. • MARINE SANITATION DEVICES:
PROPOSED REGULATION TO
ESTABLISH A NO DISCHARGE ZONE
FOR CALIFORNIA STATE MARINE
WATERS
Priority: Other Significant
Legal Authority: CWA 3l2(f)(4)(A)
CFR Citation: 40 CFR 140
Legal Deadline: None
Abstract: Based upon a 2005 California
law, the State Water Resources Control
Board asked EPA to designate
California waters as a No Discharge
Zone (NDZ) for sewage from cruise
ships and ocean-going vessels with
142
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Spring 2010 Semiannual Regulatory Agenda
EPA—Clean Water Act
Proposed Rule Stage
adequate holding capacity. The State,
local environmental groups, and
California delegation all strongly
support establishment of such an NDZ,
as it would offer additional water
quality protection to the California
coast. There are some legal
vulnerabilities associated with granting
this partial NDZ. All 73 existing NDZs
prohibit all sewage from all vessels;
however, the California request applies
to only a subset of all vessels. No
existing NDZ established under
312(f)(4)(A) applies to all state waters
either. Only two NDZs have been
established under 312(f)(4)(A):
Minnesota Boundary Waters Canoe
Area and Florida Keys National Marine
Sanctuary.
Timetable:
Action
Date FR Cite
NPRM
Final Action
04/00/10
09/00/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5413.
Agency Contact: Allan Ota,
Environmental Protection Agency,
Regional Office San Francisco, San
Francisco, CA 94105
Phone: 415 972-3476
Email: ota.allan@epamail.epa.gov
RIN: 2009-AA04
878. REGULATIONS FOR GRAY AND
BLACK WATER DISCHARGES FROM
CRUISE SHIPS OPERATING IN
CERTAIN ALASKAN WATERS
Priority: Other Significant
Legal Authority: PL 106-554, sec
1404-1407
CFR Citation: None
Legal Deadline: None
Abstract: On December 12, 2000,
Congress passed HR 4577 which
contained a section called "Certain
Alaskan Cruise Ship Operations" (Title
XIV). Title XIV established enforceable
discharge standards for sewage and
graywater from large cruise ships
operating in Alaskan waters and
authorizes EPA to develop revised
and/or additional standards for these
discharges into the waters of Alaska,
the Alexander Archipelago, and the
Kachemak Bay National Marine
Estuarine Research Reserve. EPA will
develop any such standards based on
the best available scientific information
on the environmental effects of the
regulated discharges and the
availability of new technologies for
wastewater treatment. The
implementation of these regulations
would reduce environmental impacts of
cruise ships operating in the waters of
Alaska, the Alexander Archipelago, and
the Kachemak Bay National Marine
Estuarine Research Reserve.
Timetable:
Action
Date
FR Cite
NPRM
01/00/11
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State
Sectors Affected: 483114 Coastal and
Great Lakes Passenger Transportation;
483112 Deep Sea Passenger
Transportation
Agency Contact: Laura Johnson,
Environmental Protection Agency,
Water, 4504T, Washington, DC 20460
Phone: 202 566-1273
Fax: 202 566-1546
Email: johnson.laura-s@epamail.epa.gov
David Redford, Environmental
Protection Agency, Water, 4504T,
Washington, DC 20460
Phone: 202 566-1288
Fax: 202 566-1546
Email: redford.david@epamail.epa.gov
RIN: 2040-AD89
879. • NATIONAL POLLUTANT
DISCHARGE ELIMINATION SYSTEM
(NPDES) PERMIT REGULATIONS FOR
NEW DISCHARGERS AND THE
APPROPRIATE USE OF OFFSETS
WITH REGARD TO WATER QUALITY
PERMITTING
Priority: Other Significant
Unfunded Mandates: Undetermined
Legal Authority: 33 USC 1361; 33 USC
CFR Citation: 40 CFR 122. 4(i)
Legal Deadline: None
Abstract: This rulemaking may
consider how to best clarify EPA's
approach to permitting new dischargers
in order to ensure the protection of
water quality under Clean Water Act
section 301(b)(l)(C). The rulemaking
may examine options to address the
appropriate and permissible use of
offsets which ensures that NPDES
permits are protective of water quality
standards. The rulemaking may also
examine options for addressing new
dischargers in impaired waters, both
when a TMDL is in place and prior
to TMDL issuance.
Timetable:
Additional Information: SAN No. 4746. Action
Date FR Cite
NPRM
Final Action
01/00/11
01/00/12
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected:
Undetermined
Federalism: Undetermined
Additional Information: SAN No. 5240.
Agency Contact: Sara Hilbrich,
Environmental Protection Agency,
Water, 4203M, Washington, DC 20460
Phone: 202 564-0441
Email: hilbrich.sara@epamail.epa.gov
Michelle Schutz, Environmental
Protection Agency, Water, 4203M,
Washington, DC 20460
Phone: 202 564-7374
Email:
schutz.michelle@epamail.epa.gov
RIN: 2040-AF17
143
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Spring 2010 Semiannual Regulatory Agenda
Environmental Protection Agency (EPA)
Clean Water Act
Final Rule Stage
880. WATER QUALITY STANDARDS
(NUMERIC NUTRIENT CRITERIA) FOR
FLORIDA'S LAKES AND FLOWING
WATERS
Priority: Other Significant
Legal Authority: 33 USC 1251 et seq
CFR Citation: 40 CFR 131
Legal Deadline: Final, Judicial, October
15, 2010, Consent Decree Deadline.
Abstract: EPA is under a Consent
Decree deadline to promulgate numeric
nutrient water quality criteria (which
are elements of water quality standards)
for the State of Florida's lakes and
flowing waters by October 15, 2010.
EPA made a determination on January
14, 2009, that numeric nutrient water
quality criteria are necessary for the
State to meet the Clean Water Act
(CWA) requirement to have standards
to protect applicable designated uses.
A separate rulemaking will follow for
estuaries and coastal waters by January
2011.
Timetable:
Action
Date FR Cite
NPRM
NPRM Comment
Period End
Final Action
01/26/10 75 FR 41 74
03/29/1 0
10/00/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State
Additional Information: SAN No. 5361;
EPA publication information: NPRM -
http://www.regulations.gov/search/
Regs/ home.htmlidocument Detail?R=
0900006480a83el7;
http://epa.gov/waterscience/ standards;
EPA Docket information: EPA-HQ-OW-
2009-0596.
URL For More Information:
www.epa.gov/waterscience/standards/
rules/florida
Agency Contact: Danielle Salvaterra,
Environmental Protection Agency,
Water, 4305T, Washington, DC 20460
Phone: 202 564-1631
Email:
salvaterra. danielle@ep amail. ep a. gov
Claudia Fabiano, Environmental
Protection Agency, Water, 4305T,
Washington, DC 20460
Phone: 202 566-0446
Email: fabiano.claudia@epamail.epa.gov
RIN: 2040-AFll
881. EFFLUENT LIMITATIONS
GUIDELINES AND STANDARDS FOR
AIRPORT DEICING OPERATIONS
Priority: Other Significant
Legal Authority: CWA 301; CWA 304;
CWA 306; CWA 307; CWA 308; CWA
402; CWA 501
CFR Citation: 40 CFR 449
Legal Deadline: None
Abstract: In EPA's 2004 Effluent
Guidelines plan, we announced that we
would begin development of a
regulation to control the pollutants
discharged from airport deicing
operations. Based on preliminary study
and on public comments, discharges
from deicing operations have the
potential to cause fish kills, algae
blooms, and contamination to surface
or ground waters. A source of these
pollutants is aircraft deicing fluid that
is not properly recaptured, re-used, or
treated before discharge. Deicing agents
typically contain glycols and additives.
There is great disparity among airports
in terms of wastewater treatment and
also in terms of discharge permits.
Timetable:
Action
Date FR Cite
NPRM
NPRM Comment
Period End
Final Action
08/28/09 74 FR 44675
02/26/10
12/00/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Governmental
Jurisdictions
Government Levels Affected: Federal,
Local, State
Additional Information: SAN No. 4948;
EPA publication information: NPRM -
http://www.regulations.gov/search/
Regs/ home.htmlidocument Detail?R=
0900006480al6b99; EPA Docket
information: EPA-HQ-OW-2004-0038.
URL For More Information:
www.epa.gov/waterscience/guide/
airport
Agency Contact: Eric Strassler,
Environmental Protection Agency,
Water, 4303T, Washington, DC 20460
Phone: 202 566-1026
Fax: 202 566-1053
Email: strassler.eric@epamail.epa.gov
Brian D'Amico, Environmental
Protection Agency, Water, 4303T,
WashingtonDC, DC 20460
Phone: 202 566-1069
Fax: 202 566-1053
Email: damico.brian@epa.gov
RIN: 2040-AE69
882. 2010 EFFLUENT GUIDELINES
PROGRAM PLAN
Priority: Other Significant
Legal Authority: CWA 304; CWA 306;
CWA 307
CFR Citation: Not Yet Determined
Legal Deadline: Final, Statutory,
December 31, 2010.
Abstract: The Clean Water Act (CWA)
requires EPA to establish national
technology-based regulations known as
"effluent limitations guidelines and
standards" to reduce pollutant
discharges from categories of industrial
facilities. EPA similarly establishes
technology-based regulations, termed
"pretreatment standards," to reduce
indirect pollutant discharges—those
that are discharged to publicly-owned
treatment works. The CWA also
specifies effluent guideline planning
and review requirements. There are
different requirements for direct and
indirect dischargers, but both specify
annual review of promulgated effluent
guidelines and pretreatment standards.
One requirement is publication of an
Effluent Guidelines Program Plan every
2 years. CWA section 304(m) specifies
that the Plan must: (1) Establish a
schedule for the annual review and
revision of promulgated effluent
guidelines, (2) identify categories of
sources discharging toxic or non-
conventional pollutants for which
guidelines have not previously been
published ("new categories"); and (3)
establish a schedule for the
promulgation of effluent guidelines
identified under (2). We anticipate that
the 2010 Plan will describe the results
of the 2010 annual review, including,
to the extent possible: (1) The outcome
of the screening process; (2) EPA's
selection of industrial categories for
further study; and (3) the rationale for
selecting categories for further study.
The 2010 Plan will also summarize
activities and accomplishments for
studies of categories that were
identified in the 2008 Final Plan.
Timetable:
Action
Date
FR Cite
Preliminary Plan
Final Plan
12/28/09 74 FR 68599
12/00/10
144
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Spring 2010 Semiannual Regulatory Agenda
EPA—Clean Water Act
Final Rule Stage
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5320;
EPA publication information:
Preliminary Plan -
http://edocket.access.gpo.gov/2009/
pdf/E9-30625.pdf; EPA Docket
information: EPA-HQ-OW-2008-0517.
URL For More Information:
www.epa.gov/guide/304m
Agency Contact: Carey Johnston,
Environmental Protection Agency,
Water, 4303T, Washington, DC 20460
Phone: 202 566-1014
Fax: 202 566-1053
Email: johnston.carey@epamail.epa.gov
Samantha Lews, Environmental
Protection Agency, Water, 4303T,
Washington, DC 20460
Phone: 202 566-1058
Fax: 202 566-1053
Email: lewis.samantha@epamail.epa.gov
RIN: 2040-AF06
883. GUIDANCE FOR IMPLEMENTING
THE METHYLMERCURY WATER
QUALITY CRITERION
Priority: Other Significant
Legal Authority: 33 USC 1251 et seq
CFR Citation: None
Legal Deadline: None
Abstract: In the 2001 Federal Register
notice of the availability of EPA's
recommended water quality criterion
for methylmercury, EPA stated that it
would develop associated procedures
and guidance for implementing the
criterion. For states and authorized
tribes exercising responsibility under
CWA section 303(c), this document
provides technical guidance on how
they might want to use the
recommended 2001 fish tissue-based
criterion to develop and implement
their own water quality standards for
methylmercury. The guidance
addresses topics including adoption
and revision of standards, monitoring,
waterbody assessment, water quality
standards issues, TMDL development,
and NPDES permitting. Since
atmospheric deposition is considered to
be a major source of mercury for many
waterbodies, implementing this
criterion involves coordination across
media and program areas.
Timetable:
Action
Date
FR Cite
Final Revision to 2009 04/00/10
Guidance
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State,
Tribal
Additional Information: SAN No. 5098;
EPA Docket information: EPA-HQ-OW-
2006-0656.
URL For More Information:
www.epa.gov/waterscience/criteria/
methylmercury
Agency Contact: Holly Green,
Environmental Protection Agency,
Water, 4305T, Washington, DC 20460
Phone: 202 566-0651
Email: holly.green@epamail.epa.gov
RIN: 2040-AE87
Environmental Protection Agency (EPA)
Clean Water Act
Long-Term Actions
884. • WATER QUALITY STANDARDS
REGULATORY CLARIFICATIONS
Priority: Other Significant
Unfunded Mandates: Undetermined
Legal Authority: Not Yet Determined
CFR Citation: 40 CFR ISl(Revision)
Legal Deadline: None
Abstract: EPA is proposing a few
targeted clarifications to the water
quality standards regulation to improve
its effectiveness in helping restore and
maintain the Nation's waters. The new
regulatory interpretations in the
rulemaking are urgently needed to help
reduce the rate of new water quality
impairments and increase the rate of
water quality improvements. The
proposed rule will be focused on
providing tools that protect high quality
waters (Antidegradation Protection) and
provide a clear pathway towards
restoring impaired waters. The
clarifications will also help streamline
operations and improve public
participation in standards processes.
The core requirements of the current
regulation have been in place since
1983. These requirements have served
well to provide the foundation for all
water quality-based controls that have
been put in place since then, including
effective TMDL and NPDES permit
programs. EPA does not believe it is
necessary to overhaul the current
regulation or associated guidance and
policy. Rather, the intent of the
proposal is to provide clarity and
regulatory tools to address the issues
described above.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
06/00/11
06/00/12
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State,
Tribal
Federalism: Undetermined
Additional Information: SAN No. 5424.
URL For More Information:
www.epa.gov/waterscience/standards
Agency Contact: Grace Robiou,
Environmental Protection Agency,
Water, 4305T, Washington, DC 20460
Phone: 202 566-2975
Email: robiou.grace@epamail.epa.gov
Christina Jarvis, Environmental
Protection Agency, Water, 4305T,
Washington, DC 20460
Phone: 202 566-0537
Email: jarvis.christina@epamail.epa.gov
RIN: 2040-AF16
885. TEST PROCEDURES FOR THE
ANALYSIS OF CO-PLANAR AND
MONO-ORTHO-SUBSTITUTED
POLYCHLORINATED BIPHENYLS
(PCBS) UNDER THE CLEAN WATER
ACT
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1314; 33 USC
1361(a)
CFR Citation: 40 CFR 136
Legal Deadline: None
Abstract: The proposal would amend
the Guidelines Establishing Test
145
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Spring 2010 Semiannual Regulatory Agenda
EPA—Clean Water Act
Long-Term Actions
Procedures for the Analysis of
Pollutants under 40 CFR parts 136 and
503 to approve EPA Method 1668 for
the congener-specific determination of
co-planar and mono-ortho-substituted
polychlorinated biphenyls (PCBs) in
effluent, ambient water, and sewage
sludge. This method is necessary for
the implementation of water quality-
based permit conditions under the
National Pollutant Discharge
Elimination System (NPDES) of the
Clean Water Act. Water quality-based
permit conditions are necessary when
technology-based controls do not
ensure that a particular water body
would meet the State's water quality
standard. At present there is no EPA
analytical method for determination of
these PCBs at the levels of concern.
Timetable:
Action
Date FR Cite
NPRM
Final Action
To Be Determined
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: Federal,
State
Additional Information: SAN No. 4049.
URL For More Information:
www.epa.gov/waterscience/methods
Agency Contact: Richard Reding,
Environmental Protection Agency,
Water, 4303T, Washington, DC 20460
Phone: 202 566-2237
Fax: 202 566-1053
Email: reding.richard@epamail.epa.gov
Brian Englert, Environmental Protection
Agency, Water, 4303T, Washington, DC
20460
Phone: 202 566-0754
Fax: 202 566-1053
Email: englert.brian@epamail.epa.gov
RIN: 2040-AD09
886. UNIFORM NATIONAL
DISCHARGE STANDARDS FOR
VESSELS OF THE ARMED FORCES-
PHASE II
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1322; 33 USC
1361
CFR Citation: 40 CFR 1700
Legal Deadline: Final, Statutory, May
10, 2001, CWA 312(n)(5)(B)(i).
Abstract: This action is Phase II of
implementing regulations on Uniform
National Discharge Standards for
Vessels of the Armed Forces. In 1996
the Clean Water Act was amended to
create section 312(n), Uniform National
Discharge Standards for Vessels of the
Armed Forces. Section 312(n) directs
EPA and DOD to work together to
provide Armed Forces vessels with a
nationally uniform set of discharge
standards, which preempt State
discharge standards for these vessels.
The purpose of the statute is to allow
DOD to plan, design and build
environmentally sound vessels, to
encourage innovative pollution control
technology, and to improve operational
flexibility. EPA and DOD jointly
promulgated Phase I of these
regulations, 40 CFR part 1700, on May
10, 1999 (64 FR 25126). The Phase I
rulemaking concluded that 25
discharges from Armed Forces vessels
would require control devices. Some of
these discharges (such as bilge water)
have the potential to introduce oil or
other organics into receiving waters;
some (such as hull coating leachate)
have the potential to introduce copper
or other metals; and some (such as
ballast water) have the potential to
introduce nonindigenous invasive
aquatic species. Phase II will establish
performance standards for control
devices for these 25 discharges. The
Phase II performance standards will be
promulgated in five "batches." Each
batch will address several performance
standards. Once DOD implements rules
for achieving the standards set in Phase
II, covered discharges from Armed
Forces vessels will be required to meet
these standards, and will not be subject
to discharge standards established by
States.
Timetable:
Action
Date
FR Cite
Final Action
NPRM
04/00/13
04/00/12
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Federalism: This action may have
federalism implications as defined in
EO 13132.
Additional Information: SAN No. 4357.
URL For More Information:
www.epa.gov/waterscience/rules/UNDS
Agency Contact: Brian Rappoli,
Environmental Protection Agency,
Water, 4504T, Washington, DC 20460
Phone: 202 566-1548
Email: rappoli.brian@epamail.epa.gov
Jonathan Amson, Environmental
Protection Agency, Water, 4504T,
Washington, DC 20460
Phone: 202 566-1276
Fax: 202 566-1546
Email: amson.jonathan@epa.gov
RIN: 2040-AD39
887. NPDES PERMIT REQUIREMENTS
FOR MUNICIPAL SANITARY AND
COMBINED SEWER COLLECTION
SYSTEMS, MUNICIPAL SATELLITE
COLLECTION SYSTEMS, SANITARY
SEWER OVERFLOWS, AND PEAK
EXCESS FLOW TREATMENT
FACILITIES
Priority: Other Significant
Unfunded Mandates: Undetermined
Legal Authority: 33 USC 1311 CWA
301; 33 USC 1314 CWA 304; 33 USC
1318 CWA 308; 33 USC 1342 CWA
402; 33 USC 1361 CWA 501(a)
CFR Citation: 40 CFR 122.38; 40 CFR
122.41; 40 CFR 122.42
Legal Deadline: None
Abstract: EPA will develop a notice of
proposed rulemaking outlining a broad-
based regulatory framework for sanitary
sewer collection systems under the
NPDES program. The Agency is
considering proposing standard permit
conditions for inclusion in permits for
publicly owned treatment works
(POTWs) and municipal sanitary sewer
collection systems. The standard
requirements would address reporting,
public notification, and recordkeeping
requirements for sanitary sewer
overflows (SSOs); capacity assurance,
management, operation and
maintenance requirements for
municipal sanitary sewer collection
systems; and a prohibition on SSOs.
The Agency is also considering
proposing a regulatory framework for
applying NPDES permit conditions,
including applicable standard permit
conditions, to municipal satellite
collection systems. Municipal satellite
collection systems are sanitary sewers
owned or operated by a municipality
that conveys wastewater to a POTW
operated by a different municipality.
146
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Spring 2010 Semiannual Regulatory Agenda
EPA—Clean Water Act
Long-Term Actions
Timetable:
Action
Date FR Cite
NPRM
Final Action
09/00/11
11/00/12
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Governmental
Jurisdictions
Government Levels Affected: Local,
State, Tribal
Federalism: Undetermined
Additional Information: SAN No. 3999.
Sectors Affected: 22132 Sewage
Treatment Facilities
URL For More Information:
www.epa.gov/npdes
Agency Contact: Dr. Charles Glass,
Environmental Protection Agency,
4203M, Washington, DC 20460
Phone: 202 564-0418
Fax: 202 564-0742
Email: glass.charles@epa.gove
Kevin Weiss, Environmental Protection
Agency, Water, 4203M, Washington, DC
20460
Phone: 202 564-0742
Fax: 202 564-0742
Email: wfeiss.kevin@epa.gov
RIN: 2 040-ADO 2
888. NPDES PERMIT REQUIREMENTS
FOR PEAK WET WEATHER
DISCHARGES FROM PUBLICLY
OWNED TREATMENT WORK
TREATMENT PLANTS SERVING
SANITARY SEWER COLLECTION
SYSTEMS POLICY
Priority: Other Significant
Legal Authority: 33 USC 1311; 33 USC
1318; 33 USC 1342; 33 USC 1361
CFR Citation: 40 CFR 122.41(m)
Legal Deadline: None
Abstract: During periods of wet
weather, wastewater flows received by
municipal sewage treatment plants can
significantly increase, which can create
operational challenges for sewage
treatment facilities. Where peak flows
approach or exceed the design capacity
of a treatment plant they can seriously
reduce treatment efficiency or damage
treatment units. In addition to
hydraulic concerns, wastewater
associated with peak flows may have
low organic strength, which can also
decrease treatment efficiencies. One
engineering practice that some facilities
use to protect biological treatment units
from damage and to prevent overflows
and backups elsewhere in the system
is referred to as wet weather blending.
Wet weather blending occurs during
peak wet weather flow events when
flows that exceed the capacity of the
biological units are routed around the
biological units and blended with
effluent from the biological units prior
to discharge. Regulatory agencies,
sewage treatment plant operators, and
representatives of environmental
advocacy groups have expressed
uncertainty about National Pollutant
Discharge Elimination System (NPDES)
requirements addressing such
situations. EPA requested public
comment on a proposed policy
published on November 7, 2003. EPA
did not finalize the policy. The policy
options associated with this activity are
still under review.
Timetable:
Action
Date FR Cite
11/07/03 68 FR 63042
12/22/05 70 FR 76013
To Be Determined
1st Draft Policy
2nd Draft Policy
Final Policy
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Local,
State, Tribal
Federalism: Undetermined
Additional Information: SAN No. 4690;
EPA publication information: 1st Draft
Policy -
http://frwebgate.access.gpo.gov/cgi-bin/
getdoc.cgi? dbname=2003 registers
docid=fr07no03-24.pdf; EPA Docket
information: EPA-HQ-OW-2 005 -05 2 3.
Sectors Affected: 22132 Sewage
Treatment Facilities
URL For More Information:
www.epa.gov/npdes
Agency Contact: Kevin Weiss,
Environmental Protection Agency,
Water, 4203M, Washington, DC 20460
Phone: 202 564-0742
Fax: 202 564-0742
Email: wfeiss.kevin@epa.gov
Mohammed Billah, Environmental
Protection Agency, Water, 4203M,
Washington, DC 20460
Phone: 202 564-0729
Fax: 202 564-0717
Email:
billah.mohammed@epamail.epa.gov
RIN: 2040-AD87
889. OIL POLLUTION PREVENTION:
SPILL PREVENTION, CONTROL, AND
COUNTERMEASURE RULE
REQUIREMENTS—AMENDMENTS FOR
MILK CONTAINERS
Priority: Economically Significant.
Major status under 5 USC 801 is
undetermined.
Legal Authority: 33 USC 1321
CFR Citation: 40 CFR 112
Legal Deadline: None
Abstract: The Environmental
Protection Agency (EPA or the Agency)
has proposed to amend the Spill
Prevention, Control, and
Countermeasure (SPCC) rule to exempt
milk containers and associated
equipment and appurtenances on farms
and in other dairy operations subject
to the Grade "A" Pasteurized Milk
Ordinance (PMO) requirements or a
State dairy regulatory requirement
equivalent to the current applicable
PMO. Additionally EPA has requested
comment on alternative approaches to
address facilities that may have milk
containers and associated piping and
appurtenances. This proposal addresses
concerns raised specifically by the
dairy farm sector on the applicability
of the SPCC requirements to milk
containers.
Timetable:
Action
Date FR Cite
NPRM
NPRM Comment
Period End
Final Action
01/15/09 74 FR 2461
02/17/09
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected:
Undetermined
Additional Information: SAN No.
2634.8; EPA publication information:
NPRM - http://www.epa.gov/fedrgstr/
EPA-WATER/2 009/January/ Day-
15/w830.pdf; Split from RIN 2050-
AG16. Split from RIN 2050-AC62; EPA
Docket information: EPA-HQ-OPA-
2007-0584.
URL For More Information:
wfwfwf.epa.gov/oilspill/spcc.htm
Agency Contact: Gregory Wilson,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5104A, Washington, DC 20460
Phone: 202 564-7989
Fax: 202 564-2625
147
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Spring 2010 Semiannual Regulatory Agenda
EPA—Clean Water Act
Long-Term Actions
Email: wilson.gregory@epa.gov
Vanessa Principe, Environmental
Protection Agency, Solid Waste and
Emergency Response, 5104A,
Washington, DC 20460
Phone: 202 564-7913
Fax: 202 564-2625
Email: principe.vanessa@epa.gov
RIN: 2050-AG50
890. EFFLUENT LIMITATIONS
GUIDELINES AND STANDARDS FOR
CHLORINE AND CHLORINATED
HYDROCARBON MANUFACTURING
PROCESS
Priority: Other Significant
Legal Authority: CWA 301; CWA 304;
CWA 306; CWA 307; CWA 308; CWA
501
CFR Citation: 40 CFR 414 (Revision);
40 CFR 415 (Revision)
Legal Deadline: None
Abstract: EPA is considering revising
the existing effluent guidelines and
standards for the manufacture of
chlorinated hydrocarbons and
elemental chlorine. We refer to this
industrial segment as chlorine and
chlorinated hydrocarbons
manufacturing, or CCH. Currently,
wastewater discharges from chlorinated
hydrocarbons manufacturing are subject
to the Organic Chemicals, Plastics, and
Synthetic Fibers (OCPSF) Point Source
Category (40 CFR part 414). The
wastewater discharges from chlorine
manufacturing through the chlor-alkali
manufacturing process are subject to
the Inorganic Chemicals Point Source
Category (40 CFR part 415). Based on
a preliminary study, discharges from
vinyl chloride and chlor-alkali
manufacturing might contain significant
quantities of toxic pollutants, including
dioxin. Since this effluent guidelines
review began, EPA has gathered
industry data through site visits and
sampling and also developed a survey
to collect detailed site-specific data
from all known CCH manufacturers.
Because CCH member companies are
currently collecting data to characterize
baseline discharge quantities of dioxin,
at this time EPA is deferring its efforts
to survey the CCH industry.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
To Be Determined
To Be Determined
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected:
Undetermined
Federalism: Undetermined
Additional Information: SAN No. 4980;
EPA Docket information: EPA-HQ-OW-
2005-0012.
URL For More Information:
www.epa.gov/waterscience/guide/cch
Agency Contact: Samantha Lewis,
Environmental Protection Agency,
Water, 4303T, Washington, DC 20460
Phone: 202 566-1058
Fax: 202 566-1053
Email: lewis.samantha@epamail.epa.gov
Janet Goodwin, Environmental
Protection Agency, Water, 4303T,
Washington, DC 20460
Phone: 202 566-1060
Fax: 202 566-1053
Email: goodwin.janet@epamail.epa.gov
RIN: 2040-AE82
891. • EFFLUENT LIMITATIONS
GUIDELINES AND STANDARDS FOR
THE STEAM ELECTRIC POWER
GENERATING POINT SOURCE
CATEGORY
Priority: Other Significant. Major status
under 5 USC 801 is undetermined.
Unfunded Mandates: Undetermined
Legal Authority: CWA 301; CWA 304;
CWA 306; CWA 307; CWA 308; CWA
402; CWA 501
CFR Citation: 40 CFR 423 revision
Legal Deadline: None
Abstract: EPA establishes national
technology-based regulations, called
effluent guidelines, to reduce
discharges of pollutants from industries
to waters of the U.S. and publicly
owned treatment works. These
requirements are incorporated into
National Pollutant Discharge
Elimination System (NPDES) discharge
permits issued by EPA and States. The
steam electric effluent guidelines apply
to steam electric power plants using
nuclear or fossil fuels, such as coal, oil,
and natural gas. There are about 1,200
nuclear- and fossil-fueled steam electric
power plants nationwide;
approximately 500 of these power
plants are coal-fired. In a study
completed in 2009, EPA found that the
current regulations, which were last
updated in 1982, do not adequately
address the pollutants being discharged
and have not kept pace with changes
that have occurred in the electric power
industry over the last three decades.
The rulemaking will address discharges
from ash ponds and flue gas
desulfurization (FGD) air pollution
controls, as well as other power plant
waste streams. Power plant discharges
can have major impacts on water
quality, including reduced organism
abundance and species diversity,
contamination of drinking water
sources, and other effects. Pollutants of
concern include metals (e.g., mercury,
arsenic and selenium), nutrients, and
total dissolved solids.
Timetable:
Action
Date FR Cite
NPRM
Final Action
07/00/12
03/00/14
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected:
Undetermined
Federalism: Undetermined
Additional Information: SAN No. 5422;
EPA Docket information: EPA-HQ-OW-
2009-0819.
URL For More Information:
wfwfwr.epa.gov/guide/steam
Agency Contact: Ronald Jordan,
Environmental Protection Agency,
Water, 4303T, Washington, DC 20460
Phone: 202 566-1003
Fax: 202 566-1053
Email: jordan.ronald@epamail.epa.gov
RIN: 2040-AF14
892. NPDES ELECTRONIC
REPORTING RULE
Priority: Other Significant
Legal Authority: CWA sec 304(i) and
501(a), 33 USC 1314(i) and 1361(a)
CFR Citation: 40 CFR 123, 403, and
501
Legal Deadline: None
Abstract: The U.S. Environmental
Protection Agency (EPA) has
responsibility to ensure that the Clean
Water Act's (CWA) National Pollutant
Discharge Elimination System (NPDES)
program is effectively and consistently
implemented across the country. This
regulation would identify the essential
information that EPA needs to receive
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Spring 2010 Semiannual Regulatory Agenda
EPA—Clean Water Act
Long-Term Actions
electronically, primarily from NPDES
permittees with some data required
from NPDES agencies (NPDES-
authorized States, territories, and tribes)
to manage the national NPDES
permitting and enforcement program.
Through this regulation, EPA seeks to
ensure that such facility-specific
information would be readily available,
accurate, timely and nationally
consistent on the facilities that are
regulated by the NPDES program.
In the past, EPA primarily obtained this
information from the Permit
Compliance System (PCS). However,
the evolution of the NPDES program
since the inception of PCS has created
an increasing need to better reflect a
more complete picture of the NPDES
program and the diverse universe of
regulated sources. In addition,
information technology has advanced
significantly so that PCS no longer
meets EPA's national needs to manage
the full scope of the NPDES program
or the needs of individual states that
use PCS to implement and enforce the
NPDES program.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
04/00/11
04/00/12
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Tribal
Federalism: This action may have
federalism implications as defined in
EO 13132.
Additional Information: SAN No. 5251.
Agency Contact: Andrew Hudock,
Environmental Protection Agency,
Office of Enforcement and Compliance
Assurance, 2222A, Washington, DC
20460
Phone: 202 564-6032
Email: hudock.andrew@epamail.epa.gov
John Dombrowski, Environmental
Protection Agency, Office of
Enforcement and Compliance
Assurance, 2222A, Washington, DC
20460
Phone: 202 566-0742
Email:
dombrowski.john@epamail.epa.gov
RIN: 2020-AA47
893. OIL AND GAS CONSTRUCTION
STORMWATER RULE
Priority: Other Significant
Unfunded Mandates: Undetermined
Legal Authority: 33 USC 1342(1) and
1362(24)
CFR Citation: 40 CFR 122.26(a)(2)(ii)
Legal Deadline: Other, Statutory,
November 19, 2008, The oil and gas
rule court-ordered vacatur took effect
on November 19, 2008.
Abstract: On June 12, 2006, EPA
published a final rule to address a new
provision added by the Energy Policy
Act of 2005. The 2006 regulation
effectively exempted from National
Pollutant Discharge Elimination System
(NPDES) permit requirements
stormwater discharges of sediment from
construction activities associated with
oil and gas exploration, production,
processing, or treatment operations or
transmission facilities unless the
relevant facility had a discharge of
stormwater resulting in a discharge of
a reportable quantity of oil or
hazardous substances. Shortly
thereafter, the Natural Resources
Defense Council (NRDC) petitioned the
Ninth Circuit Court of Appeals (Ninth
Circuit) for direct review of EPA's
action. On May 23, 2008, the Ninth
Circuit Court of Appeals issued an
opinion in NRDC v. U.S. EPA, 526 F.3d
591 (9th Cir. 2008), vacating EPA's
2006 oil and gas construction
stormwater regulation. On July 21,
2008, EPA filed a petition for rehearing
in this case. On November 3, 2008, the
Ninth Circuit issued its order denying
EPA's request for rehearing of the
Court's decision vacating EPA's 2006
oil and gas construction stormwater
regulation.
This direct final rule will (1) remove
the codified 2006 rule from the Code
of Federal Regulations consistent with
the court vacatur and (2) codify the
revised 2005 Energy Policy Act
definition of "oil and gas exploration,
production, processing, treatment, and
transmission operations" to clarify that
certain uncontaminated discharges from
oil and gas construction activities are
exempt from permitting as identified in
section 402(I)(2) of the Clean Water
Act.
Timetable:
Action
Date
FR Cite
NPRM
Direct Final Action
To Be Determined
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5330.
Agency Contact: Bryan Rittenhouse,
Environmental Protection Agency,
Water, 4203M, Washington, DC 20460
Phone: 202 564-0577
Fax: 202 564-6431
Email: rittenhouse.bryan@epa.gov
Connie Bosma, Environmental
Protection Agency, Water, 4203M,
Washington, DC 20460
Phone: 202 564-6773
Fax: 202 564-6431
Email: bosma.connie@epa.gov
RIN: 2040-AF05
894. • STORMWATER REGULATIONS
TO ADDRESS REVISION
DISCHARGES FROM DEVELOPED
SITES
Priority: Other Significant. Major status
under 5 USC 801 is undetermined.
Unfunded Mandates: Undetermined
Legal Authority: Not Yet Determined
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: Stormwater runoff from
developed areas is a major cause of
degradation of surface waters. This is
true for both conveyance of pollutants
and the erosive power of increased
stormwater flow rates and volumes.
Current stormwater regulations were
promulgated in 1994 and 1999. In 2006,
the Office of Water asked the National
Research Council (NRC) to review the
stormwater program and recommend
ways to strengthen it. The NRC Report,
which was finalized in October 2008,
found that the current stormwater
program "...is not likely to adequately
control stormwater's contribution to
waterbody impairment," and
recommended that EPA take action to
address the harmful effects of
stormwater flow. This proposed action
would establish requirements for
managing stormwater discharges from
new development and re-development
to reduce the amount of pollutants and
excess runoff entering receiving waters.
This action may also expand the areas
subject to Municipal Separate Storm
Sewer Systems (MS4) permits, to
include rapidly developing areas and to
cover some discharges that are not
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Spring 2010 Semiannual Regulatory Agenda
EPA—Clean Water Act
Long-Term Actions
currently regulated. A single set of
stormwater requirements may be
developed for Phase I and Phase II
MS4s. Retrofitting for existing
discharges may be addressed, although
expectations for retrofitting will likely
differ significantly from requirements
for new and re-development. This
action would strengthen the stormwater
program's effectiveness by reducing
pollutant loading, promoting hydrologic
sustainability, and preserving surface
water health and integrity.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
09/00/11
12/00/12
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected:
Undetermined
Federalism: Undetermined
Additional Information: SAN No. 5408.
Agency Contact: Jonathan Angier,
Environmental Protection Agency,
Water, 4203M, Washington, DC 20460
Phone: 202 564-0729
Fax: 202 564-6392
Email: angier.jonathan@epamail.epa.gov
Holly Galavotti, Environmental
Protection Agency, Water, 4203M,
Washington, DC 20460
Phone: 202 564-1489
Email: galavotti.holly@epamail.epa.gov
RIN: 2040-AF13
895. • REVISED REGULATIONS FOR
CONCENTRATED ANIMAL FEEDING
OPERATIONS (CAFOS) IN THE
CHESAPEAKE BAY WATERSHED
Priority: Substantive, Nonsignificant
Unfunded Mandates: Undetermined
Legal Authority: Not Yet Determined
CFR Citation: Not Yet Determined
Legal Deadline: NPRM, Judicial,
January 1, 2012, CBF settlement
negotiations are still active. This date
is just a placeholder. Publically, we
said we would propose in 2012.
Final, Judicial, December 31, 2013, CBF
negotiations are still active. This date
is just a placeholder. Publically, we
said we would take final action late
2013.
Abstract: EPA and authorized states
administer the National Pollutant
Discharge Elimination System (NPDES)
program for concentrated animal
feeding operations (CAFOs), as revised
by nationally-applicable rules in 2003
and 2008. On May 12, 2009, President
Barack Obama issued Executive Order
13508 on Chesapeake Bay Protection
and Restoration. Agriculture is the
single largest contributor of nitrogen,
phosphorus, and sediment pollution to
the Chesapeake Bay Watershed. Manure
is the source of about half of the
nutrient loading from agriculture. As
directed under the Executive Order,
EPA developed a strategy, in
consultation with the States and key
stakeholders, for protecting water
quality in the Chesapeake Bay. The
proposed action might establish broader
regulatory authority in the Bay and
additional requirements for manure
management for CAFOs in the Bay.
Consistent with the draft joint federal
strategy, the scope of the proposed rule
may consider expanding the universe
of CAFOs and requiring more stringent
standards for permits (e.g. better
nutrient management planning).
Additionally, options for a streamlined
designation process of smaller facilities
as CAFOs and better off-site manure
management may be considered for the
Bay or nationally. During the
rulemaking process, EPA will consider
how effectively Chesapeake Bay States
strengthen their pollution control
programs to achieve the reductions in
nutrient and sediment pollution needed
to meet Bay water quality standards.
The Chesapeake Bay CAFO Rule is
being developed to ensure Regional and
State Water NPDES Permitting
Authorities have sufficient tools to
reduce discharges of manure from these
facilities.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
To Be Determined
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN No. 5443.
Agency Contact: Ashley Toy,
Environmental Protection Agency,
Water, 4203M, Washington, DC 20460
Phone: 202 564-3986
Email: toy.ashley@epamail.epa.gov
George Utting, Environmental
Protection Agency, Water, 4203M,
Washington, DC 20460
Phone: 202 564-0744
Email: utting.george@epamail.epa.gov
RIN: 2040-AF20
Environmental Protection Agency (EPA)
Clean Water Act
Completed Actions
896. REVISIONS TO THE SPILL
PREVENTION, CONTROL, AND
COUNTERMEASURE (SPCC) RULE
Priority: Economically Significant.
Major under 5 USC 801.
Legal Authority: 33 USC 1321
CFR Citation: 40 CFR 112
Legal Deadline: None
Abstract: On December 5, 2008, EPA
amended the Spill Prevention, Control,
and Countermeasure (SPCC) rule to
provide increased clarity with respect
to specific regulatory requirements, to
tailor requirements to particular
industry sectors, and to streamline
certain rule requirements. The Agency
subsequently delayed the effective date
of these amendments to January 14,
2010, to allow the Agency time to
review the amendments to ensure that
they properly reflect consideration of
all relevant facts. EPA also requested
public comment on the delay of the
effective date and its duration, and on
the December 2008 amendments.
Having reviewed the record for the
amendments and the additional
comments, EPA decided to make only
limited changes to the amendments.
With respect to the majority of the
December amendments, EPA either
took no action or provided minor
technical corrections. EPA, however,
removed the following provisions in
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Spring 2010 Semiannual Regulatory Agenda
EPA—Clean Water Act
Completed Actions
the December 2008 amendments: the
exclusion of farms and oil production
facilities from the loading/unloading
rack requirements; the exemption for
produced water containers at an oil
production facility; and the alternative
qualified facility eligibility criteria for
an oil production facility. A final rule
was published on November 13, 2009.
Timetable:
Action
Notice Clarifying
Certain Issues
NPRM 1 Year
Compliance
Extension
Final 18 months
Compliance
Extension
NODA re: Certain
Facilities
NODA re: Oil-Filled
and Process
Equipment
NPRM
Final Action
Notice to Delay
Effective Date
Delay of Effective Date
Final 2
Date FR Cite
05/25/04 69 FR 29728
06/17/04 69 FR 3401 4
08/11/04 69 FR 48794
09/20/04 69 FR 56 184
09/20/04 69 FR 56 182
10/15/07 72 FR 58377
12/05/08 73 FR 74236
02/03/09 74 FR 5900
04/01/09 74 FR 14736
11/13/09 74 FR 58783
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No.
2634.2; EPA publication information:
Notice Clarifying Certain Issues -
http://frwebgate.access.gpo.gov/cgi-bin/
getdoc.cgi?dbname=2004 register
&docid=fr25my04-49.pdf; Split from
RDM 2050-AC62; EPA Docket
information: EPA-HQ-OPA-2007-0584.
URL For More Information:
www.epa.gov/oilspill/spcc.htm
Agency Contact: Vanessa Principe,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5104A, Washington, DC 20460
Phone: 202 564-7913
Fax: 202 564-2625
Email: principe.vanessa@epa.gov
RIN: 2050-AG16
897. EFFLUENT LIMITATIONS
GUIDELINES AND STANDARDS FOR
THE CONSTRUCTION AND
DEVELOPMENT POINT SOURCE
CATEGORY
Priority: Economically Significant.
Major under 5 USC 801.
Unfunded Mandates: This action may
affect State, local or tribal governments
and the private sector.
Legal Authority: CWA 301; CWA 304;
CWA 306; CWA 501
CFR Citation: 40 CFR 450
Legal Deadline: NPRM, Judicial,
December 1, 2008, FR Publication by
12/1/2008 as per 12/5/2006 Court
Order.
Final, Judicial, December 1, 2009, FR
Publication by 12/1/2009 as per
12/5/2006 Court Order.
Abstract: On December 1, 2009, EPA
promulgated a regulation which
establishes effluent limitations
guidelines (ELGs) and new source
performance standards (NSPS) for the
Construction and Development point
source category. The ELGs and NSPS
control the discharge of pollutants
including sediments, turbidity,
nutrients and metals in discharges from
construction activities and are
implemented through the issuance of
NPDES permits. The requirements vary
by size of the construction site and are
to be implemented in phases over time,
with larger construction sites
implementing more stringent
requirements sooner. The rule is
intended to work in concert with
existing State and local programs,
adding a technology-based "floor" that
establishes minimum requirements that
would apply nationally. These
requirements are expected to
significantly reduce the amount of
sediment, turbidity and other pollutants
discharged from construction sites.
Timetable:
Action
Date
FR Cite
NPRM
NPRM Comment
Period End
Final Action
11/28/08 73 FR 72561
02/26/09
12/01/09 74 FR 62996
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: Federal,
Local, State
Federalism: This action may have
federalism implications as defined in
EO 13132.
Additional Information: SAN No. 5119;
EPA publication information: NPRM -
http://edocket.access.gpo.gov/
2008/pdf/E8-27848.pdf; EPA Docket
information: EPA-HQ-OW-2008-0465.
URL For More Information:
www.epa.gov/waterscience/guide/
construction
Agency Contact: Jesse Pritts,
Environmental Protection Agency,
Water, 4303T, Washington, DC 20460
Phone: 202 566-1038
Fax: 202 566-1053
Email: pritts.jesse@epamail.epa.gov
Janet Goodwin, Environmental
Protection Agency, Water, 4303T,
Washington, DC 20460
Phone: 202 566-1060
Fax: 202 566-1053
Email: goodwin.janet@epamail.epa.gov
RIN: 2040-AE91
898. NEW/REVISED AMBIENT WATER
QUALITY CRITERIA (AWQC) FOR
RECREATIONAL WATERS
Priority: Substantive, Nonsignificant
Legal Authority: CWA 304(a)(9)
CFR Citation: None
Legal Deadline: Final, Statutory,
October 10, 2005, CWA Section
304(a)(9), 10/10/2005.
Abstract: EPA is publishing new or
revised water quality criteria
recommendations for pathogens and
pathogen indicators pursuant to CWA
section 304(a)(9)(A). The criteria
recommendations will be considered by
States in adopting new or revised water
quality standards to protect swimming
pursuant to CWA 303(i)(l)(B). This
action will continue. Information
regarding this action can be found on
our website at
http://www.epa.gov/waterscience/
criteria/recreation.
Timetable:
Action
Date
FR Cite
Withdrawn 01/28/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Tribal
Additional Information: SAN No. 4967.
151
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Spring 2010 Semiannual Regulatory Agenda
EPA—Clean Water Act
Completed Actions
Agency Contact: Stephen Schaub,
Environmental Protection Agency,
Water, 4304T, Washington, DC 20460
Phone: 202 566-1126
Fax: 202 566-1126
Email: stephen.schaub@epa.gov
RIN: 2 040-AE 7 7
Environmental Protection Agency (EPA)
Safe Drinking Water Act (SDWA)
P re rule Stage
899. • NATIONAL PRIMARY DRINKING
WATER REGULATIONS:
RADIONUCLIDES (SECTION 610
REVIEW)
Priority: Info./Admin./Other
Legal Authority: 5 USC 610
CFR Citation: None
Legal Deadline: None
Abstract: On December 7, 2000 (65 FR
76708), EPA promulgated final revised
and/or new national primary drinking
water regulations (NPDWRs) for non-
radon radionuclides as authorized by
the Safe Drinking Water Act. In this
action, referred to as the Radionuclides
Rule, EPA promulgated maximum
contaminant level goals (MCLGs),
maximum contaminant levels (MCLs),
monitoring, reporting, and public
notification requirements for gross
alpha particle activity, combined
radium-226 and 228, beta particle and
photon activity and uranium. The
Radionuclides Rule became effective on
December 8, 2003. EPA developed a
Final Regulatory Flexibility Analysis
for the Radionuclides Rule and took
several steps to lessen the impacts on
small entities (i.e., small systems).
These steps included: (1) The selection
of a less stringent MCL for uranium,
(2) a reduction in the overall
monitoring frequencies for systems
with radionuclides levels less than the
MCL, (3) allowance of grandfathered
data and State monitoring discretion for
determining the initial monitoring
baseline, and (4) the exclusion of non-
transient, non-community water
systems from the radionuclides
regulations. EPA continues to view the
NPDWRs for radionuclides as important
components to ensuring and protecting
the health of consumers served by
public drinking water systems and
intends to continue to require
compliance with these NPDWRs.
While EPA has taken steps to evaluate
and mitigate impacts on small entities
as part of the promulgation of the
Radonuclides Rule, this new entry in
the regulatory agenda announces that
EPA will review the NPDWRs for
radionuclides pursuant to section 610
of the Regulatory Flexibility Act (5
U.S.C. 610). As part of this review, EPA
will consider and solicit comments on
the following factors: (1) The continued
need for the rule; (2) the nature of
complaints or comments received
concerning the rule; (3) the complexity
of the rule; (4) the extent to which the
rule overlaps, duplicates, or conflicts
with other Federal, State, or local
government rules; and (5) the degree
to which the technology, economic
conditions or other factors have
changed in the area affected by the
rule. Comments must be received
within 90 days of this notice. In
submitting comments, please reference
Docket ID EPA-HQ-OW-2010-0166 and
follow the instructions provided in the
preamble to this issue of the Regulatory
Agenda. This docket can be accessed
at wfwrwr.regulations.gov.
Timetable:
Action
Final Rule
Begin Review
End Comment Period
End Review
Date FR Cite
12/07/00 65 FR 76708
04/00/1 0
07/00/1 0
12/00/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5445;
Related to RIN 2040-AC98; EPA Docket
information: EPA-HQ-OW-2010-0166.
Agency Contact: Sandy Evalenko,
Environmental Protection Agency,
Water, 4101M, Washington, DC 20460
Phone: 202 564-0264
Fax: 202 564-0194
Email: evalenko.sandy@epamail.epa.gov
Stephanie Flaharty, Environmental
Protection Agency, Water, 4601M,
Washington, DC 20460
Phone: 202 564-5072
Fax: 202 564-3753
Email:
flaharty.stephanie@epamail.epa.gov
RIN: 2040-AF19
Environmental Protection Agency (EPA)
Safe Drinking Water Act (SDWA)
Proposed Rule Stage
900. REVISING UNDERGROUND
STORAGE TANK REGULATIONS-
REVISIONS TO EXISTING
REQUIREMENTS AND ADDITIONS TO
INCORPORATE THE PROVISIONS OF
THE ENERGY POLICY ACT
Priority: Economically Significant.
Major under 5 USC 801.
Legal Authority: 42 USC 6991
CFR Citation: 40 CFR 280 to 281
Legal Deadline: None
Abstract: The Underground Storage
Tank (UST) regulations were first
promulgated in 1988 primarily to
prevent releases from retail petroleum
marketers (gas stations) and other
facilities into the environment. These
regulations have reduced the incidents
of contamination. However, there is a
need to revise the regulations to
incorporate changes to the UST
program from the Energy Policy Act of
2005, as well as to update outdated
portions of the regulations due to
changes in technology since the 1980s.
On August 8, 2005, President Bush
signed the Energy Policy Act of 2005
(EPAct). title XV, subtitle B of this act
(entitled the Underground Storage Tank
Compliance Act of 2005), amends
subtitle I of the Solid Waste Disposal
Act, the original legislation that created
the UST program. There are key
provisions of the EPAct that apply to
states receiving federal UST funding
but do not apply in Indian country,
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Spring 2010 Semiannual Regulatory Agenda
EPA—Safe Drinking Water Act (SDWA)
Proposed Rule Stage
including requirements for secondary
containment, operator training and
delivery prohibition. As a part of this
action, EPA plans to develop
regulations for secondary containment
and operator training to apply in Indian
country and in states that choose not
to obtain State Program Approval from
EPA in order to achieve more
consistent program results in release
prevention and compliance. EPA also
plans to develop regulations for
delivery prohibition that EPA may
apply in its enforcement actions. Both
EPA and tribes recognize the
importance of having requirements that
can help to ensure parity in program
implementation between states and in
Indian Country, which is consistent
with EPA's policy. Through this action,
EPA will ensure federal enforceability
of the EPAct provisions across the
country. EPA will also use our
knowledge of the program gained over
the last 20 years to update and revise
the regulations to make targeted
changes to improve implementation
and prevent UST releases.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
09/00/10
To Be Determined
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No. 5284;
None.
URL For More Information:
\vwrwf.epa.gov/oust
Agency Contact: Elizabeth McDermott,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5401P, Washington, DC 20460
Phone: 703 603-7175
Fax: 703 603-0175
Email:
mcdermott.elizabeth@epamail.epa.gov
Paul Miller, Environmental Protection
Agency, Solid Waste and Emergency
Response, 5401P, Washington, DC
20460
Phone: 703 603-7165
Fax: 703 603-0175
Email: miller.paul@epamail.epa.gov
RIN: 2050-AG46
901. NATIONAL PRIMARY DRINKING
WATER REGULATIONS: REVISIONS
TO THE TOTAL COLIFORM RULE
Priority: Other Significant
Legal Authority: 42 USC 300f et seq
CFR Citation: 40 CFR 141
Legal Deadline: None
Abstract: EPA is revising the Total
Coliform Rule (TCR), which was
published in 1989. On July 18, 2003,
EPA published a Federal Register (68
FR 42907) Notice of Intent to revise the
TCR. EPA intends revisions to the TCR
to maintain or provide for greater
human health protection than under
the existing TCR while improving
system efficiency. A Federal Advisory
Committee recommended that EPA, as
part of the TCR 6-year review process,
"initiate a process for addressing cross-
connection control and backflow
prevention requirements and consider
additional distribution system
requirements related to significant
health risks." The original TCR,
promulgated in 1989, protects human
health by requiring microbial
monitoring in drinking water
distribution systems. The TCR does not
include distribution system corrective
or protective requirements to reduce
contamination from coliforms and other
contaminants. Since then, EPA has
gained a better understanding of
distribution system impacts on human
health and, therefore, intends to
strengthen the TCR and to consider
how to address distribution system
contamination issues. The process to do
so involves a performance evaluation,
development of issue papers on both
distribution systems and total coliform,
stakeholders meetings, and proposed
and final rules. EPA also convened a
Federal Advisory Committee to address
the TCR revisions and to consider
distribution system issues. In
September 2008, members of the
Federal Advisory Committee signed an
agreement in principle (AIP), which
recommended revisions to the TCR, as
well as research and information
collection needed to better understand
potential public health impacts from
conditions in the distribution system
and control of microbial drinking water
contamination. In accordance with the
commitments EPA agreed to in the AIP,
EPA has drafted a proposed rule that
has the same elements and effects as
the recommendations in the AIP.
Timetable:
Action
Date FR Cite
Notice of Agreement in 01 /13/09 74 FR 1683
Principle
NPRM 08/00/10
Final Action 11/00/12
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected:
Undetermined
Federalism: Undetermined
Additional Information: SAN No. 4775;
EPA publication information: Notice of
Agreement in Principle -
http://www.epa.gov/fedrgstr/ EPA-
WATER/2009/January/ Day-
13/w469.htm.
URL For More Information:
www.epa.gov/safewater/tcr/tcr.html
Agency Contact: Sean Conley,
Environmental Protection Agency,
Water, 4607M, Washington, DC 20460
Phone: 202 564-1781
Fax: 202 564-3767
Email: conley.sean@epamail.epa.gov
Thomas Grubbs, Environmental
Protection Agency, Water, 4607M,
Washington, DC 20460
Phone: 202 564-5262
Fax: 202 564-3767
Email: grubbs.thomas@epamail.epa.gov
RIN: 2040-AD94
902. UNREGULATED CONTAMINANT
MONITORING REGULATION (UCMR 3)
FOR PUBLIC WATER SYSTEMS
REVISIONS
Priority: Other Significant
Unfunded Mandates: Undetermined
Legal Authority: 42 USC 300f et seq
CFR Citation: 40 CFR 141
Legal Deadline: Final, Statutory,
January 4, 2012, SDWA requires EPA
to publish a UCMR every 5 years.
Abstract: The Safe Drinking Water Act
(SDWA), as amended in 1996, requires
the U.S. Environmental Protection
Agency (EPA) to establish criteria for
a program to monitor not more than
30 unregulated contaminants every five
years. EPA published the first group of
contaminants in the Unregulated
Contaminant Monitoring Regulation
(i.e., UCMR 1), which established a
revised approach for UCMR
implementation, in the Federal Register
dated September 17, 1999 (64 FR
153
-------
Spring 2010 Semiannual Regulatory Agenda
EPA—Safe Drinking Water Act (SDWA)
Proposed Rule Stage
50556), and the second list of
unregulated contaminants (UCMR 2) in
the Federal Register dated January 4,
2007 (72 FR 367). The proposed
regulation will meet the SDWA
requirement for identifying new
priority contaminants to be monitored
during the third UCMR cycle (i.e.,
UCMR 3) of 2012 to 2015.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
01/00/11
01/00/12
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5360.
Agency Contact: Dave Munch,
Environmental Protection Agency,
Water, USEPA, Cincinnati, OH 45268
Phone: 513 569-7843
Fax: 513 569-7191
Email: munch.dave@epamail.epa.gov
Brenda Parris, Environmental
Protection Agency, Water, USEPA,
Cincinnati, OH 45268
Phone: 513 569-7961
Fax: 513 569-7191
Email: parris.brenda@epamail.epa.gov
RIN: 2040-AF10
Environmental Protection Agency (EPA)
Safe Drinking Water Act (SDWA)
Final Rule Stage
903. FEDERAL REQUIREMENTS
UNDER THE UNDERGROUND
INJECTION CONTROL (UIC)
PROGRAM FOR CARBON DIOXIDE
(CO2) GEOLOGIC SEQUESTRATION
(GS) WELLS
Priority: Other Significant. Major status
under 5 USC 801 is undetermined.
Legal Authority: 42 USC 300h et seq
CFR Citation: 40 CFR 144 to 146
(proposed revision)
Legal Deadline: None
Abstract: Geologic Sequestration (GS)
is a key climate change mitigation
technology. During GS, CO2 captured
from an emission source, such as a
coal-fired electric power plant, is
injected into deep subsurface rock
formations for long-term storage. The
Safe Drinking Water Act (SDWA)
requires EPA to regulate the injection
of fluid, including gases such as CO2,
to prevent the endangerment of
underground sources of drinking water
(USDWs) and public health. In March
2007, EPA issued guidance to assist
State and EPA Regional Underground
Injection Control (UIC) Programs in
processing permit applications for pilot
and other demonstration-scale GS
projects as Class V UIC experimental
technology wells. In addition, EPA
committed to developing a long term
management framework for permitting
commercial scale GS projects. Part of
this long-term management framework
included regulations for owners and
operators of wells injecting CO2. New
regulations for GS wells would provide
a consistent framework for permitting
GS wells to ensure that CO2 injection
does not endanger underground sources
of drinking water. EPA proposed
regulations for GS wells on July 25,
2008. In addition, in August 2009 EPA
published a Notice of Data Availability
that presented new information and
data related to GS.
Timetable:
Action
Date
FR Cite
NPRM
NPRM Comment
Period End
NODA
Final Action
07/25/08 73 FR 43491
11/24/08
08/31/09 74 FR 44802
12/00/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Tribal
Additional Information: SAN No. 5211;
EPA publication information: NPRM -
http://edocket.access.gpo.gov/2008/pdf/
E8-16626.pdf; EPA Docket information:
EPA-HQ-OW-2008-0390.
URL For More Information:
www.epa.gov/ogwdw/uic/
wells sequestration.html
Agency Contact: Suzanne Kelly,
Environmental Protection Agency,
Water, 4606M, Washington, DC 20460
Phone: 202 564-3887
Email: kelly.suzanne@epamail.epa.gov
Lee Whitehurst, Environmental
Protection Agency, Water, 4606M,
Washington, DC 20460
Phone: 202 564-3896
Email: whitehurst.lee@epamail.epa.gov
RIN: 2040-AE98
Environmental Protection Agency (EPA)
Safe Drinking Water Act (SDWA)
Long-Term Actions
904. • NATIONAL PRIMARY DRINKING
WATER REGULATIONS FOR LEAD
AND COPPER: REGULATORY
REVISIONS
Priority: Other Significant
Unfunded Mandates: Undetermined
Legal Authority: 42 USC 300f et seq
CFR Citation: 40 CFR 141
Legal Deadline: None
Abstract: EPA promulgated a set of
short-term regulatory revisions and
clarifications on October 10, 2007, to
strengthen implementation of the
existing Lead and Copper Rule. In
developing the short-term revisions,
EPA identified several regulatory
changes to be considered as part of
identifying more comprehensive
changes to the rule. These
considerations are longer-term in nature
as they require additional data
collection, research, analysis, and
stakeholder involvement to support
decisions. This action addresses the
remaining regulatory revisions to be
completed in the 2013 timeframe.
Regulatory changes to be addressed
154
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Spring 2010 Semiannual Regulatory Agenda
EPA—Safe Drinking Water Act (SDWA)
Long-Term Actions
may include changes to flushing
guidance and sample collection
following a partial lead service line
replacement; lead service line
replacement programs; potential
changes to the sample site selection
criteria for lead and copper sites;
guidance on new corrosion control
treatments; tap sampling issues
including pre-stagnation flushing,
aerator removal, and maximum
stagnation times; and consecutive water
systems.
Timetable:
Timetable:
Action
Date FR Cite
NPRM
Final Action
05/00/12
12/00/13
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected:
Undetermined
Federalism: Undetermined
Additional Information: SAN No. 5423.
Agency Contact: Jeffrey Kempic,
Environmental Protection Agency,
Water, 4607M, Washington, DC 20460
Phone: 202 564-4880
Fax: 202 564-3760
Email: kempic.jeffrey@epamail.epa.gov
RIN: 2040-AF15
905. NATIONAL PRIMARY DRINKING
WATER REGULATIONS: RADON
Priority: Economically Significant.
Major under 5 USC 801.
Unfunded Mandates: This action may
affect State, local or tribal governments.
Legal Authority: 42 USC 300f et seq
CFR Citation: 40 CFR 141; 40 CFR 142
Legal Deadline: None
Abstract: In 1999, EPA proposed
regulations for radon which provide
flexibility in how to manage the health
risks from radon in drinking water. The
proposal was based on the unique
framework in the 1996 SDWA. The
proposed regulation would provide for
either a maximum contaminant level
(MCL), or an alternative maximum
contaminant level (AMCL) with a
multimedia mitigation (MMM) program
to address radon in indoor air. Under
the proposal, public water systems in
States that adopted qualifying MMM
programs would be subject to the
AMCL, while those in States that did
not adopt such programs would be
subject to the MCL.
Action
ANPRM
NPRM original
Notice99
NPRM
Date
09/30/86
07/18/91
02/26/99
11/02/99
FR Cite
51 FR 34836
56 FR 33050
64 FR 9560
64 FR 59246
NPRM Comment
Period End
Final Action
01/03/00
To Be Determined
Regulatory Flexibility Analysis
Required: Yes
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: Federal,
Local, State, Tribal
Federalism: This action may have
federalism implications as defined in
EO 13132.
Additional Information: SAN No. 2281;
EPA publication information: NPRM-
http ://www. epa.gov/ogwdw/radon/
proposal.html; EPA Docket information:
EPA-HQ-OW-2003-0041.
Sectors Affected: 22131 Water Supply
and Irrigation Systems
URL For More Information:
www.epa.gov/ogwdw/radon.html
Agency Contact: Rebecca Allen,
Environmental Protection Agency,
Water, 4607M, Washington, DC 20460
Phone: 202 564-1689
Fax: 202 564-3760
Email: allen.rebeccak@epamail.epa.gov
Eric Burneson, Environmental
Protection Agency, Water, 4607M,
Washington, DC 20460
Phone: 202 564-5250
Email: burneson.eric@epa.gov
RIN: 2040-AA94
906. NATIONAL PRIMARY DRINKING
WATER REGULATIONS: ALDICARB
Priority: Substantive, Nonsignificant
Unfunded Mandates: Undetermined
Legal Authority: 42 USC 300f et seq
CFR Citation: 40 CFR 141; 40 CFR 142
Legal Deadline: None
Abstract: EPA promulgated MCLs for
aldicarb, aldicarb sulfoxide, and
aldicarb sulfone in the Phase II
rulemaking in 1991 at levels of 0.003,
0.004, and 0.002 ug/1, respectively. In
response to an administrative petition
from the manufacturer Rhone-Poulenc,
the Agency issued an administrative
stay of the effective date. EPA will
reexamine risk assessment and
occurrence data on aldicarb and make
a determination of what further action
is appropriate.
Timetable:
Action
Date FR Cite
NPRM
Final Action
To Be Determined
To Be Determined
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: Federal,
Local, State, Tribal
Federalism: Undetermined
Additional Information: SAN No. 3238.
Sectors Affected: 22131 Water Supply
and Irrigation Systems
Agency Contact: Karen Wirth,
Environmental Protection Agency,
Water, 4607M, Washington, DC 20460
Phone: 202 564-5246
Fax: 202 564-3760
Email: wirth.karen@epamail.epa.gov
RIN: 2040-AC 13
907. NATIONAL SECONDARY
DRINKING WATER REGULATIONS
(NSDWR): METHYL TERTIARY BUTYL
ETHER (MTBE) AND TECHNICAL
CORRECTIONS TO THE NSDWR
Priority: Other Significant
Legal Authority: 42 USC 300f et seq
CFR Citation: 40 CFR 143 (Revision)
Legal Deadline: None
Abstract: Methyl Tertiary Butyl Ether
(MTBE) was primarily used as an
automobile fuel additive, introduced in
the late 1970s during lead phase-out as
an octane enhancer. Production
increased in the 1990s to meet the
requirement of the federal Reformulated
Gasoline (RFC) and Oxyfuels programs
required by the Clean Air Act
Amendments of 1990. However, MTBE
has been detected in ground water and
drinking water in a number of States
due to leaking underground storage
tanks and leaking pipelines. At least 25
States passed laws banning or limiting
MTBE use, and MTBE use declined
after 1999. Refiners removed MTBE
from gasoline in 2006. Although most
drinking water detections are at levels
well below health concern, MTBE's
distinctive turpentine-like taste and
odor can be detected at low levels.
155
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Spring 2010 Semiannual Regulatory Agenda
EPA—Safe Drinking Water Act (SDWA)
Long-Term Actions
Presently, the Agency is revising the
health assessment for MTBE.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
To Be Determined
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4404.
Sectors Affected: 22131 Water Supply
and Irrigation Systems
Agency Contact: Irene Dooley,
Environmental Protection Agency,
Water, 4607M, Washington, DC 20460
Phone: 202 564-4699
Fax: 202 564-3760
Email: dooley.irene@epamail.epa.gov
RIN: 2 040-ADS 4
908. PERCHLORATE REGULATORY
DETERMINATION
Priority: Other Significant
Legal Authority: 42 USC 300g-l(b)
CFR Citation: None
Legal Deadline: None
Abstract: The Safe Drinking Water Act
(SDWA) requires EPA to make
determinations every 5 years of
whether to regulate at least five
contaminants on its Contaminant
Candidate List (CCL). A regulatory
determination is a formal decision on
whether EPA should initiate a
rulemaking process to develop a
national primary drinking water
regulation for a specific contaminant.
EPA included perchlorate on the first
and second CCLs that were published
in the Federal Register on March 2,
1998 (63 FR 10273), and February 24,
2005 (70 FR 9071). On October 10,
2008, EPA published a preliminary
regulatory determination for perchlorate
in drinking water (73 FR 60262). EPA
received comments from over 32,000
individuals and organizations in
response to this notice. EPA has
reviewed the information in these
comments and has re-evaluated the
scientific information regarding the
perchlorate regulatory determination.
To assure transparency in its decision
making process, on August 19, 2009,
EPA published a supplemental request
for comments on its re-evaluation of the
scientific data (74 FR 41883). EPA will
make a final determination for
perchlorate after review and
consideration of public comments
received on the supplemental request
for comment.
Timetable:
Action
Date FR Cite
Preliminary 10/10/08 73FR60262
Determination
Supplemental Notice 08/19/09 74FR41883
Extension of Comment 09/23/09 74 FR 48541
Period
Final Determination To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No.
4821.1; EPA publication information:
Preliminary Determination-
http://edocket.access.gpo.gov/
2008/pdf/E8-24042.pdf; Split from RIN
2040-AE60; EPA Docket information:
EPA-HQ-OW-2007-0068.
URL For More Information:
wf\vwf.epa.gov/safewfater/ccl/index.html
Agency Contact: Eric Burneson,
Environmental Protection Agency,
Water, 4607M, Washington, DC 20460
Phone: 202 564-5250
Email: burneson.eric@epa.gov
Related RIN: Related to 2040-AE60
RIN: 2040-AF08
909. UNDERGROUND INJECTION
CONTROL: UPDATE OF STATE
PROGRAMS
Priority: Info./Admin./Other
Legal Authority: 42 USC 300h-l
SDWA 1422; 42 USC 300h-4 SDWA
1425
CFR Citation: 40 CFR 147 (Revision)
Legal Deadline: None
Abstract: The regulations at 40 CFR
Part 147 codify each State's UIC
program description and incorporates
by reference the rules and regulations
that the respective primacy State will
implement. This includes codifying
programs upon which EPA directly
implements. The primary reason for
part 147 is to incorporate by reference
into the Code of Federal Regulations
the State program authorities and
regulations so EPA may bring a direct
enforcement action if the State fails to
comply with the state UIC program.
This update is necessary to ensure that
the CFR accurately reflects current
approved State UIC programs and that
requirements of those programs are
federally enforceable. EPA Regional
Offices will be submitting State
revision packages as they are
completed. Part 147 will then be
updated in several stages. This is the
first stage. This effort should have no
impact on the regulated community
because EPA will merely be
incorporating by reference elements of
already approved State programs.
Timetable:
Action
Date
FR Cite
Direct Final Rule
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN No. 4236.
Agency Contact: Robert-Eu Smith,
Environmental Protection Agency,
Water, 4606M, Washington, DC 20460
Phone: 202 564-3895
Fax: 202 564-3756
Email: smith.robert-eu@epamail.epa.gov
Jeff Jollie, Environmental Protection
Agency, Water, WTR9, Washington, DC
20460
Phone: 202 564-3886
Fax: 415 947-3549
Email: jollie.jeff@epamail.epa.gov
RIN: 2040-AD40
156
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Spring 2010 Semiannual Regulatory Agenda
Environmental Protection Agency (EPA)
Safe Drinking Water Act (SDWA)
Completed Actions
910. SECOND 6-YEAR REVIEW OF
EXISTING NATIONAL PRIMARY
DRINKING WATER REGULATIONS
Priority: Other Significant
Legal Authority: 42 USC 300f et seq
CFR Citation: 40 CFR 141; 40 CFR 142
Legal Deadline: None
Abstract: The Safe Drinking Water Act
(SDWA) requires EPA to review and
revise, if appropriate, all National
Primary Drinking Water Regulations
(NPDWRs) no less frequently than once
every 6 years. According to SDWA, any
revisions of drinking water regulations
must maintain, or increase, the level of
public health protection provided;
however, EPA may identify regulatory
changes that will streamline or reduce
existing requirements without lessening
the level of public health protection.
As part of this action, the Office of
Water (OW) will implement the
existing protocol for conducting each 6-
year review (developed under the first
6-year review cycle) to review critical
elements for regulated chemical
contaminants (e.g., health risks,
occurrence, analytical methods,
treatment technologies). No new
requirements will be imposed by this
action. The purpose of the review is
to determine whether new data,
technology, or other factors exist that
justify revisions to existing NPDWRs.
The outcome of the review will be a
Federal Register notice making
available the results of the Agency's
review and recommendations for any
regulations the Agency may consider
revising. Because this action does not
change or add to existing requirements,
OW will not be performing a formal
economic analysis or consulting with
small businesses, governments, or tribal
officials. OW does not plan to generate
new data as part of this action; the
review will be based on recent
compliance data from public water
systems and existing data on health
effects (such as completed IRIS and
OPPTS health risk assessments) and
analytical methods.
Timetable:
Action
Date
FR Cite
Notice
03/29/10 75 FR 15500
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5066;
EPA Docket information: EPA-HQ-OW-
2008-0747.
Agency Contact: Karen Wirth,
Environmental Protection Agency,
Water, 4607M, Washington, DC 20460
Phone: 202 564-5246
Fax: 202 564-3760
Email: wirth.karen@epamail.epa.gov
Rajiv Khera, Environmental Protection
Agency, Water, 4607M, Washington, DC
20460
Phone: 202 564-4881
Fax: 202 564-3760
Email: khera.rajiv@epamail.epa.gov
RIN: 2040-AE90
Environmental Protection Agency (EPA)
Shore Protection Act (SPA)
Long-Term Actions
911. SHORE PROTECTION ACT,
SECTION 4103(B) REGULATIONS
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 2601 Shore
Protection Act of 1988; PL 100-688
4103(b)
CFR Citation: 40 CFR 237
Legal Deadline: None
Abstract: This rule proposed to
implement provisions of the Shore
Protection Act (SPA) designed to
prevent the deposit of municipal and
commercial waste into U.S. coastal
waters. This rule proposed minimum
waste handling practices for vessels
and waste handling facilities involved
in the transport of municipal or
commercial wastes in the coastal waters
of the United States. Local governments
and businesses involved with the vessel
transportation and shore side handling
of these wastes would be affected by
this rule. Currently no tribes are known
to be involved in waste handling of this
type; therefore none would be affected
by this rule.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
08/30/94 59 FR 44798
To Be Determined
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: Federal,
Local
Additional Information: SAN No. 2820.
Agency Contact: David Redford,
Environmental Protection Agency,
Water, 4504T, Washington, DC 20460
Phone: 202 566-1288
Fax: 202 566-1546
Email: redford.david@epamail.epa.gov
RIN: 2040-AB85
[FRDoc. 2010-8940 Filed 04-23-10; 8:45
am]
BILLING CODE 6560-50-S
157
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Spring 2010 Semiannual Regulatory Agenda
A. INDEX TO ENTRIES THAT AGENCIES HAVE DESIGNATED FOR SECTION 610
REVIEW
Section 610(a) of the Regulatory Flexibility Act (5 U.S.C. 601) requires each agency to have a plan for the
periodic review of its rules that have a significant economic impact on a substantial number of small
entities. Each agency must publish annually in the Federal Register a list of the rules that it plans to
review in the next year.
2040-AF18
2040-AF19
2060-AQ12
Effluent Guidelines and Standards for the Centralized Waste Treatment Industry
National Primary Drinking Water Regulations: Radionuclides
Tier II Light-Duty Vehicle and Light-Duty Truck Emission Standards and Gasoline Sulfur
Standards
B. INDEX TO ENTRIES FOR WHICH A REGULATORY FLEXIBILITY ANALYSIS IS
REQUIRED
The Regulatory Flexibility Act (5 U.S.C. 601) requires that agencies publish regulatory agendas
identifying those rules that may have a significant economic impact on a substantial number of small
entities. Agencies meet that requirement by including the information in their submissions for the Unified
Agenda. The following index lists the regulatory actions in this publication for which EPA believes that the
Act may require a Regulatory Flexibility Analysis because the rule is likely to have such effects on
small businesses, small governmental jurisdictions, or small organizations.
Businesses
2Q40-AA94
2060-AM44
2060-AQ25
2060-AO81
2070-AJ57
2070-AJ55
2070-AJ20
2070-AJ22
National Primary Drinking Water Regulations: Radon
National Emission Standards for Hazardous Air Pollutants for Area Sources: Industrial,
Commercial, and Institutional Boilers
National Emission Standards for Hazardous Air Pollutants for Major Source Industrial,
Commercial, and Institutional Boilers and Process Heaters
Renewable Fuels Standard Program
Lead; Clearance and Clearance Testing Requirements for the Renovation, Repair, and Painting
Program
Lead; Amendment to the Opt-Out and Recordkeeping Provisions in the Renovation, Repair, and
Painting Program
Pesticides; Competency Standards for Occupational Users
Pesticides; Agricultural Worker Protection Standard Revisions
Governmental Jurisdictions
2040-AA94 National Primary Drinking Water Regulations: Radon
National Emission Standards for Hazardous Air Pollutants for Area Sources: Industrial,
2060-AM44
2060-AQ25
Commercial, and Institutional Boilers
National Emission Standards for Hazardous Air Pollutants for Major Source Industrial,
Commercial, and Institutional Boilers and Process Heaters
Organizations
2060-AM44
2060-AQ25
National Emission Standards for Hazardous Air Pollutants for Area Sources: Industrial,
Commercial, and Institutional Boilers
National Emission Standards for Hazardous Air Pollutants for Major Source Industrial,
Commercial, and Institutional Boilers and Process Heaters
158
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Spring 2010 Semiannual Regulatory Agenda
C. INDEX TO ENTRIES THAT MAY AFFECT SMALL ENTITIES WHEN A
REGULATORY FLEXIBILITY ANALYSIS IS NOT REQUIRED
The Regulatory Flexibility Act (5 U.S.C. 601) requires that agencies publish regulatory agendas
identifying those rules that may have a significant economic impact on a substantial number of small
entities. Agencies meet that requirement by including the information in their submissions for the Unified
Agenda. Some agencies including EPA have chosen to identify additional regulatory actions that may
have some impact on small entities even though a Regulatory Flexibility Analysis may not be required.
The following index lists the regulatory actions in this publication for which agencies have chosen to
indicate that some impact on small entities is likely even though a Regulatory Flexibility Analysis may not
be required.
Businesses
2025-AA19
2025-AA28
2025-AA11
2025-AA16
2025-AA17
2040-AF09
2040-AC84
2040-AD09
2040-AE82
2040-AC13
2040-AB85
2040-AE91
2050-AE87
2050-AG44
2050-AG46
2050-AG57
2050-AG45
2050-AE51
2060-AP22
2060-AM09
2060-ANOO
2060-AN99
2060-AO12
2060-AO17
TRI; Response to Petition To Delete Acetonitrile From the Toxics Release Inventory List of Toxic
Chemicals
Toxics Release Inventory; Addition of National Toxicology Program Carcinogens
Clarify TRI Reporting Obligations Under EPCRA Section 313 for Metal Mining Activities
TRI; Response to Petition To Delete Chromium, Antimony, and Titanate From the Metal
Compound Categories Listed on the Toxics Release Inventory
TRI; Response to Petition To Add Diisononyl Phthalate to the Toxics Release Inventory List of
Toxic Chemicals
Guidelines Establishing Test Procedures for the Analysis of Pollutants Under the Clean Water Act;
Analysis and Sampling Procedures
National Pollutant Discharge Elimination System (NPDES): Use of Sufficiently Sensitive Test
Methods for Permit Applications and Reporting
Test Procedures for the Analysis of Co-Planar and Mono-Ortho-Substituted Polychlorinated
Biphenyls (PCBs) Under the Clean Water Act
Effluent Limitations Guidelines and Standards for Chlorine and Chlorinated Hydrocarbon
Manufacturing Process
National Primary Drinking Water Regulations: Aldicarb
Shore Protection Act, Section 4103(b) Regulations
Effluent Limitations Guidelines and Standards for the Construction and Development Point Source
Category
Revisions to the National Oil and Hazardous Substances Pollution Contingency Plan; Product
Schedule Listing Requirements
Identification of Non-Hazardous Secondary Materials That Are Solid Wastes
Revising Underground Storage Tank Regulations-Revisions to Existing Requirements and
Additions To Incorporate the Provisions of the Energy Policy Act
Withdrawal of Expansion of RCRA Comparable Fuels Exclusion
Standards for the Safe and Environmentally Protective Placement of Coal Combustion Residuals
as Minefill in Coal Mines Not Regulated Under the Surface Mining Control and Reclamation Act
Modifications to RCRA Rules Associated With Solvent-Contaminated Industrial Wipes
Revision to Definition of Volatile Organic Compounds-Exclusion of Methyl Iodide
Protection of Stratospheric Ozone: Amendments to the Leak Repair Regulations
Implementing Periodic Monitoring in Federal and State Operating Permit Programs
NESHAP: Mercury Cell Chlor-Alkali Plants, Amendments
Commercial and Industrial Solid Waste Incineration Units; Response to Remand of New Source
Performance Standards and Emission Guidelines
Revision to Definition of Volatile Organic Compounds-Exclusion of Family of Four
159
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Spring 2010 Semiannual Regulatory Agenda
2060-AQ02
2060-AO15
2060-AO38
2060-AK26
2060-AO42
2060-AP23
2060-AQ03
2060-AQ13
2060-AQ15
2060-AO25
2060-AN43
2060-AI62
2060-AE94
2060-AO55
2060-AO66
2060-AP07
2060-AP93
2060-AN46
2060-AO94
2060-AO98
2060-AO04
2060-AN58
2060-AP36
2060-AP81
2070-AJ38
2070-AJ32
2070-AJ26
2070-AJ50
2070-AJ08
2070-AJ04
2070-AJ43
2070-AJ71
2070-AJ47
2070-AJ54
Hydrofluoropolyethers (HFPEs) and HFE-347pc-f
Corporate Parent and NAICS Code in the Greenhouse Gas Mandatory Reporting Rule
Requirements
NESHAP: Portland Cement Notice of Reconsideration
Control of Emissions From New Marine Compression-Ignition Engines At or Above 30 Liters Per
Cylinder
Protection of Stratospheric Ozone: Listing of Substitutes for Ozone-Depleting Substances: N-
Propyl Bromide
Review of New Source Performance Standards-Portland Cement
Restructuring of the Stationary Source Audit Program
Regulation To Establish Mandatory Reporting of GHGs From Industrial Landfills, Wastewater,
Underground Coal Mines, and Magnesium Production
National Emission Standards for Hazardous Air Pollutants for Reciprocating Internal Combustion
Engines-Existing Stationary Spark Ignition (Gas-Fired)
Minor Harmonizing Changes to General Provisions of the GHG Mandatory Reporting Rule
Revision of Hearing-Protector Regulations
Federal Plan Requirements for Other Solid Waste Incineration Units Constructed on or Before
December 9, 2004
National VOC Emission Standards for Consumer Products; Amendments
NSPS: SOCMI-Wastewater and Amendments
Petroleum Refinery Residual Risk Standards
Plywood and Composite Wood Products (PCWP) NESHAP-Proposed and Final Amendments To
Address "No Emission Reduction" MACT Floors
Remand of Halogenated Solvent Cleaning Final Residual Risk Rule
Revision of New Source Performance Standards for New Residential Wood Heaters
NESHAP: Area Source Standards—Chemical Preparations Industry
NESHAP: Area Source Standards—Asphalt Processing and Asphalt Roofing Manufacturing
NESHAP: Area Source Standards-Prepared (Animal) Feeds Manufacturing
Hospital/Medical/lnfectious Waste Incineration Units-Response to Remand
Protection of Stratospheric Ozone: Ban on the Sale or Distribution of Pre-Charged Appliances
National Emission Standards for Hazardous Air Pollutants for Reciprocating Internal Combustion
Engines—Compression Ignition
NESHAP Standard Standards for Petroleum Refineries—Equipment Leaks
Polychlorinated Biphenyls (PCBs); Reassessment of Use Authorizations
Regulations To Facilitate Compliance With the Federal Insecticide, Fungicide, and Rodenticide
Act by Producers of Plant-Incorporated Protectants (PIPs)
Pesticides; Determination of Status of Prions as Pests
TSCA Section 13 Amendment: Electronic Reporting of TSCA Chemical Import Data in the
Automated Commercial Environment (ACE)
Decabromodiphenyl Ether (DecaBDE), Pentabromodiphenyl Ether (PentaBDE), and
Octabromodiphenyl Ether (OctaBDE)
TSCA Inventory Nomenclature for Enzymes and Proteins
TSCA Inventory Update Reporting Modifications
Significant New Use Rule; Elemental Mercury Used in Barometers, Manometers, Hygrometers,
and Psychrometers
Test Rule; Certain Nanoscale Materials
Nanoscale Materials; TSCA Section 8(a) Reporting for Nanoscale Materials
160
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Spring 2010 Semiannual Regulatory Agenda
2070-AJ67
2070-AA58
2070-AD16
2070-AA59
2070-AB27
2070-AJ31
2070-AB79
2070-AC76
2070-AJ29
2070-AD30
2070-AD14
2070-AJ45
2070-AC51
2070-AC37
2070-AC64
2070-AJ46
2070-AD53
2070-AJ63
2070-AD64
2070-AB08
2070-AB11
2070-AB94
2070-AD44
2070-AJ07
2070-AJ21
2070-AD58
Nanoscale Materials; Significant New Use Rule (SNUR)
Follow-Up Rules on Existing Chemicals
Test Rule; Testing of Certain High Production Volume (HPV) Chemicals
Significant New Use Rules (SNURs); Follow-Up Rules on Non-5(e) New Chemical Substances
Significant New Use Rule (SNUR); Chemical-Specific SNURs To Extend Provisions of Section
5(e) Orders
Significant New Use Rule for Chloranil
Test Rule; Certain Chemicals on the ATSDR Priority List of Hazardous Substances
Test Rule; Hazardous Air Pollutants (HAPs)
Pesticide Agricultural Container Recycling Program
Pesticides; Data Requirements for Antimicrobials
Pesticides; Registration Requirements for Antimicrobial Pesticide Products
Pesticides; Reconsideration of Exemptions for Insect Repellents
Asbestos Model Accreditation Plan Revisions
Refractory Ceramic Fibers (RCFs)
Lead-Based Paint Activities; Bridges and Structures; Training, Accreditation, and Certification
Rule and Model State Plan Rule
Mercury; Regulation of Use in Certain Products
TSCA Policy Statement on Oversight of Transgenic Organisms (Including Plants)
TSCA Reporting Requirements; Minor Revisions
Lead-Based Paint; Amendments to the Requirements for Disclosure of Known Lead-Based Paint
or Lead-Based Paint Hazards in Target Housing
TSCA Section 8(a) Preliminary Assessment Information Rules
TSCA Section 8(d) Health and Safety Data Reporting Rules
Testing of Existing Chemicals (Overview Entry for Future Needs)
Test Rule; Multiple Substance Rule for the Testing of Developmental and Reproductive Toxicity
Testing Agreement for Aryl Phosphates (ITC List 2)
Clarification on TSCA Inventory Status of Activated Phosphors
Amendment to the Premanufacture Notification Exemptions; Revisions of Exemptions for Certain
Polymers
Governmental
2040-AF09
2040-AC84
2040-AE69
2040-AD09
2040-AD02
2040-AC13
2040-AB85
2040-AE91
Jurisdictions
Guidelines Establishing Test Procedures for the Analysis of Pollutants Under the Clean Water Act;
Analysis and Sampling Procedures
National Pollutant Discharge Elimination System (NPDES): Use of Sufficiently Sensitive Test
Methods for Permit Applications and Reporting
Effluent Limitations Guidelines and Standards for Airport Deicing Operations
Test Procedures for the Analysis of Co-Planar and Mono-Ortho-Substituted Polychlorinated
Biphenyls (PCBs) Under the Clean Water Act
NPDES Permit Requirements for Municipal Sanitary and Combined Sewer Collection Systems,
Municipal Satellite Collection Systems, Sanitary Sewer Overflows, and Peak Excess Flow
Treatment Facilities
National Primary Drinking Water Regulations: Aldicarb
Shore Protection Act, Section 4103(b) Regulations
Effluent Limitations Guidelines and Standards for the Construction and Development Point Source
Category
161
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Spring 2010 Semiannual Regulatory Agenda
2050-AG46
2050-AG45
2060-AN43
2070-AA58
2070-AC51
2070-AC64
Revising Underground Storage Tank Regulations—Revisions to Existing Requirements and
Additions To Incorporate the Provisions of the Energy Policy Act
Standards for the Safe and Environmentally Protective Placement of Coal Combustion Residuals
as Minefill in Coal Mines Not Regulated Under the Surface Mining Control and Reclamation Act
Federal Plan Requirements for Other Solid Waste Incineration Units Constructed on or Before
December 9, 2004
Follow-Up Rules on Existing Chemicals
Asbestos Model Accreditation Plan Revisions
Lead-Based Paint Activities; Bridges and Structures; Training, Accreditation, and Certification
Rule and Model State Plan Rule
Organizations
2040-AC13
2050-AG45
2060-AP21
2070-AC64
2070-AD53
2070-AD64
National Primary Drinking Water Regulations: Aldicarb
Standards for the Safe and Environmentally Protective Placement of Coal Combustion Residuals
as Minefill in Coal Mines Not Regulated Under the Surface Mining Control and Reclamation Act
Response to Section 126 Petition From Warrick County, Indiana, and the Town of Newburgh,
Indiana
Lead-Based Paint Activities; Bridges and Structures; Training, Accreditation, and Certification
Rule and Model State Plan Rule
TSCA Policy Statement on Oversight of Transgenic Organisms (Including Plants)
Lead-Based Paint; Amendments to the Requirements for Disclosure of Known Lead-Based Paint
or Lead-Based Paint Hazards in Target Housing
D. INDEX TO ENTRIES THAT MAY AFFECT GOVERNMENT LEVELS
Executive Order 12866 entitled "Regulatory Planning and Review," signed September 30, 1993 (58 FR
51735) and the Unfunded Mandates Reform Act of 1995 (P.L. 104-4) direct agencies to assess the
effects of Federal regulations on State, local, and tribal governments. In keeping with these efforts,
agencies include in their submissions for the Unified Agenda information on whether their regulatory
actions have an effect on various levels of government. See also Index E for entries that may have
"federalism implications" as defined in Executive Order 13132 entitled "Federalism," signed August 4,
1999 (64 FR 43255).
The following index lists the regulatory actions in this publication that may have effects on State, local,
tribal, or Federal levels of government. The Regulatory Identifier Number (RIN) of the entry identifies the
location of the entry in this edition.
State
2020-AA47
2025-AA28
2025-AA16
2025-AA17
2040-AF09
2040-AE95
2040-AC84
2040-AF12
NPDES Electronic Reporting Rule
Toxics Release Inventory; Addition of National Toxicology Program Carcinogens
TRI; Response to Petition To Delete Chromium, Antimony, and Titanate From the Metal
Compound Categories Listed on the Toxics Release Inventory
TRI; Response to Petition To Add Diisononyl Phthalate to the Toxics Release Inventory List of
Toxic Chemicals
Guidelines Establishing Test Procedures for the Analysis of Pollutants Under the Clean Water Act;
Analysis and Sampling Procedures
Criteria and Standards for Cooling Water Intake Structures
National Pollutant Discharge Elimination System (NPDES): Use of Sufficiently Sensitive Test
Methods for Permit Applications and Reporting
Amendment to Effluent Guidelines for Primary Aluminum Smelting Subcategory of the Nonferrous
162
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Spring 2010 Semiannual Regulatory Agenda
2040-AD89
2040-AF11
2040-AE69
2040-AE87
2040-AE98
2040-AF16
2040-AD09
2040-AD39
2040-AD02
2040-AD87
2040-AF20
2040-AA94
2040-AC13
2040-AD40
2040-AE91
2040-AE77
2050-AE87
2050-AG59
2050-AE81
2050-AG44
2050-AG60
2050-AG46
2050-AG58
2050-AG22
2050-AG40
2050-AG45
2050-AG20
2050-AG39
2050-AE51
2050-AG34
2050-AF01
2050-AG54
Metals Manufacturing Point Source Category
Regulations for Gray and Black Water Discharges From Cruise Ships Operating in Certain
Alaskan Waters
Water Quality Standards (Numeric Nutrient Criteria) for Florida's Lakes and Flowing Waters
Effluent Limitations Guidelines and Standards for Airport Deicing Operations
Guidance for Implementing the Methylmercury Water Quality Criterion
Federal Requirements Under the Underground Injection Control (UIC) Program for Carbon
Dioxide (CO2) Geologic Sequestration (GS) Wells
Water Quality Standards Regulatory Clarifications
Test Procedures for the Analysis of Co-Planar and Mono-Ortho-Substituted Polychlorinated
Biphenyls (PCBs) Under the Clean Water Act
Uniform National Discharge Standards for Vessels of the Armed Forces—Phase II
NPDES Permit Requirements for Municipal Sanitary and Combined Sewer Collection Systems,
Municipal Satellite Collection Systems, Sanitary Sewer Overflows, and Peak Excess Flow
Treatment Facilities
NPDES Permit Requirements for Peak Wet Weather Discharges From Publicly Owned Treatment
Work Treatment Plants Serving Sanitary Sewer Collection Systems Policy
Revised Regulations for Concentrated Animal Feeding Operations (CAFOs) in the Chesapeake
Bay Watershed
National Primary Drinking Water Regulations: Radon
National Primary Drinking Water Regulations: Aldicarb
Underground Injection Control: Update of State Programs
Effluent Limitations Guidelines and Standards for the Construction and Development Point Source
Category
New/Revised Ambient Water Quality Criteria (AWQC) for Recreational Waters
Revisions to the National Oil and Hazardous Substances Pollution Contingency Plan; Product
Schedule Listing Requirements
SPCC Compliance Date Extension
Standards for the Management of Coal Combustion Residuals Generated by Commercial Electric
Power Producers
Identification of Non-Hazardous Secondary Materials That Are Solid Wastes
Hazardous Waste Management Systems: Identification and Listing of Hazardous Waste: Carbon
Dioxide (CO2) Injectate in Geological Sequestration Activities
Revising Underground Storage Tank Regulations—Revisions to Existing Requirements and
Additions To Incorporate the Provisions of the Energy Policy Act
Revision of Cooperative Agreements and Superfund State Contracts for Superfund Response
Actions
National Contingency Plan Revisions To Align With the National Response Plan
Emergency Planning and Community Right-To-Know Act: Amendments and Streamlining Rule
Standards for the Safe and Environmentally Protective Placement of Coal Combustion Residuals
as Minefill in Coal Mines Not Regulated Under the Surface Mining Control and Reclamation Act
Hazardous Waste Manifest Revisions—Standards and Procedures for Electronic Manifests
Amendment to the Universal Waste Rule: Addition of Pharmaceuticals
Modifications to RCRA Rules Associated With Solvent-Contaminated Industrial Wipes
Revisions to Land Disposal Restrictions Treatment Standards and Amendments to Recycling
Requirements for Spent Petroleum Refining Hydrotreating and Hydrorefining Catalysts
RCRA Smarter Waste Reporting
Identifying the Universe of Government Research in Laboratories and Determining Student
163
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Spring 2010 Semiannual Regulatory Agenda
2050-AG16
2060-AP22
2060-AI43
2060-AO47
2060-AP72
2060-AP26
2060-AO50
2060-AN33
2060-AM44
2060-ANOO
2060-AN17
2060-AP24
2060-AP30
2060-AP50
2060-AP52
2060-AP80
2060-AP91
2060-AQ01
2060-AQ08
2060-AQ23
2060-AQ25
2060-AO48
2060-AP75
2060-AH23
2060-AO15
2060-AH93
2060-AO42
2060-AN68
2060-AO24
2060-AO58
2060-AO96
2060-AP15
Involvement in Generating Laboratory Hazardous Waste
Revisions to the Spill Prevention, Control, and Countermeasure (SPCC) Rule
Revision to Definition of Volatile Organic Compounds—Exclusion of Methyl Iodide
Review of the National Ambient Air Quality Standards for Carbon Monoxide
Review of the National Ambient Air Quality Standards for Particulate Matter
Decision To Allow States Up to 3 Years To Revise Implementation Plans for PM2.5; Proposal To
Revise the Interpollutant Trading Policy for PM2.5 Offsets
NESHAP Subpart W: Standards for Radon Emissions From Operating Uranium Mill Tailings:
Review
Measurement of PM2.5 and PM10 Emissions by Dilution Sampling
NESHAP: Polyvinyl Chloride and Copolymers Production, Amendments
National Emission Standards for Hazardous Air Pollutants for Area Sources: Industrial,
Commercial, and Institutional Boilers
Implementing Periodic Monitoring in Federal and State Operating Permit Programs
Standards of Performance for New Stationary Sources, Emission Guidelines for Existing Sources,
and Federal Plan: Small Municipal Waste Combustors: Remand Response and Amendments
Implementation Rule for a Reconsidered Ozone NAAQS in 2010
Implementation of the 1997 8-hour Ozone National Ambient Air Quality Standard: NSR Anti-
Backsliding
Transport Rule (CAIR Replacement Rule)
National Emission Standards for Hazardous Air Pollutants for Coal- and Oil-Fired Electric Utility
Steam Generating Units
Reconsideration of the Prevention of Significant Deterioration and Nonattainment New Source
Review NSR: Aggregation
Requirements for Control Technology Determinations for Major Sources in Accordance With
Clean Air Act Sections
Revisions to Test Methods and Testing Regulations
Action To Ensure Authority of State and Local Air Permit Programs To Regulate All Pollutants
Elsewhere Subject to Regulation Under the Clean Air Act
Method 16C for the Determination of Total Reduced Sulfur Emissions From Stationary Sources
National Emission Standards for Hazardous Air Pollutants for Major Source Industrial,
Commercial, and Institutional Boilers and Process Heaters
Review of the Primary National Ambient Air Quality Standard for Sulfur Dioxide
Implementation of the New Source Review Program for Particulate Matter Less Than 2.5
Micrometers—Repeal of Grandfathering Provision and End Early the PM10 Surrogate Policy
Amendments to Standards of Performance for New Stationary Sources; Monitoring Requirements
NESHAP: Portland Cement Notice of Reconsideration
Revisions to the General Conformity Regulations
Review of New Source Performance Standards-Portland Cement
Control of Air Pollution From New Motor Vehicles and New Motor Vehicle Engines: SAFETEA-LU
HOV Facilities Rule
Prevention of Significant Deterioration for PM2.5—Increments, Significant Impact Levels, and
Significant Monitoring Concentrations
Methods for Measurement of Filterable PM10 and PM2.5 and Measurement of Condensable
Particulate Matter Emissions From Stationary Sources
Implementation of the 1997 8-Hr Ozone NAAQS: Classification of Subpart 1 Areas and Revision
to Anti-Backsliding Provisions; Deletion of Obsolete 1-Hr Ozone Standard Provisions
Ambient Ozone Monitoring Regulations: Revisions to Network Design Requirements
164
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Spring 2010 Semiannual Regulatory Agenda
2060-AP77
2060-AP86
2060-AP98
2060-AQ21
2060-AQ24
2060-AO72
2060-AP38
2060-AN43
2060-AK54
2060-AK73
2060-AI62
2060-AI97
2060-AM75
2060-AM87
2060-AN93
2060-APOO
2060-AP07
2060-AQ11
2060-AQ20
2060-AP43
2060-AO19
2060-AP65
2060-AO11
2060-AM45
2060-AO23
2060-AP31
2060-AP73
2060-AP87
2070-AJ32
2070-AJ26
2070-AJ57
2070-AA58
2070-AJ55
Revision to Pb Ambient Air Monitoring Requirements
Prevention of Significant Deterioration/Title V Greenhouse Gas Tailoring Rule
Reconsideration of the 2008 Ozone National Ambient Air Quality Standards
Implementation of the New Source Review Program for Particulate Matter (PM) Less Than 2.5
Micrometers—Ending of NSR Transition Period for Condensable PM
Standards of Performance for New Stationary Sources and Emissions Guidelines for Existing
Sources: Hospital/Medical/lnfectious Waste Incinerators; Amendments
Review of the Secondary National Ambient Air Quality Standards for Oxides of Nitrogen and
Oxides of Sulfur
Review of the National Ambient Air Quality Standards for Ozone
Federal Plan Requirements for Other Solid Waste Incineration Units Constructed on or Before
December 9, 2004
NESHAP: General Provisions; Amendments for Pollution Prevention Alternative Compliance
Requirements
National Emission Standards for Hazardous Air Pollutants for Stationary Combustion Turbines-
Petition To Delist
National VOC Emission Standards for Consumer Products; Amendments
Inspection/Maintenance Program Requirements for Federal Facilities; Amendment
NESHAP: General Provisions (Once In Always In)-Amendments
NESHAP: Taconite Iron Ore Processing; Amendments
Improving Implementation of the Operating Permit Rules in Response to CAAA Committee
Recommendations
Prevention of Air Pollution Emergency Episodes
Remand of Halogenated Solvent Cleaning Final Residual Risk Rule
Risk and Technology Review for Ferroalloys Production
Residual Risk and Technology Review Amendments to the Phosphoric Acid and Phosphate
Fertilizer Production NESHAPs
Revision of Health and Environmental Protection Standards for Uranium and Thorium Mill Tailings
and Uranium In Situ Leaching Processing Facilities
Review of the Primary National Ambient Air Quality Standard for Nitrogen Dioxide
Reconsideration of 2008 Final Implementation Rule for PM2.5 NSR: Stay of Effective Date for
Grandfathering Provisions
Air Quality Index Reporting and Significant Harm Level for PM2.5
Flexible Air Permit Rule
Reconsideration of Stationary Combustion Turbine NSPS
Protocols for Monitoring and Measuring Mercury Emissions
Reconsideration of Prevention of Significant Deterioration (PSD) and Nonattainment New Source
Review (NSR): Reconsideration of Inclusion of Fugitive Emissions
Interpretation of Regulations That Determine Pollutants Covered by the Clean Air Act Permitting
Programs
Regulations To Facilitate Compliance With the Federal Insecticide, Fungicide, and Rodenticide
Act by Producers of Plant-Incorporated Protectants (PIPs)
Pesticides; Determination of Status of Prions as Pests
Lead; Clearance and Clearance Testing Requirements for the Renovation, Repair, and Painting
Program
Follow-Up Rules on Existing Chemicals
Lead; Amendment to the Opt-Out and Recordkeeping Provisions in the Renovation, Repair, and
Painting Program
165
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Spring 2010 Semiannual Regulatory Agenda
2070-AJ20
2070-AJ22
2070-AJ45
2070-AC51
2070-AC64
2070-AJ64
2070-AD64
Pesticides; Competency Standards for Occupational Users
Pesticides; Agricultural Worker Protection Standard Revisions
Pesticides; Reconsideration of Exemptions for Insect Repellents
Asbestos Model Accreditation Plan Revisions
Lead-Based Paint Activities; Bridges and Structures; Training, Accreditation, and Certification
Rule and Model State Plan Rule
Lead Wheel Weights; Regulatory Investigation
Lead-Based Paint; Amendments to the Requirements for Disclosure of Known Lead-Based Paint
or Lead-Based Paint Hazards in Target Housing
Local
2040-AE95
2040-AC84
2040-AE69
2040-AD39
2040-AD02
2040-AD87
2040-AA94
2040-AC13
2040-AB85
2040-AE91
2050-AE87
2050-AG59
2050-AE81
2050-AG44
2050-AG46
2050-AG58
2050-AG22
2050-AG40
2050-AG45
2050-AG20
2050-AG39
2050-AF01
2050-AG54
2050-AG16
2060-AI43
Criteria and Standards for Cooling Water Intake Structures
National Pollutant Discharge Elimination System (NPDES): Use of Sufficiently Sensitive Test
Methods for Permit Applications and Reporting
Effluent Limitations Guidelines and Standards for Airport Deicing Operations
Uniform National Discharge Standards for Vessels of the Armed Forces—Phase II
NPDES Permit Requirements for Municipal Sanitary and Combined Sewer Collection Systems,
Municipal Satellite Collection Systems, Sanitary Sewer Overflows, and Peak Excess Flow
Treatment Facilities
NPDES Permit Requirements for Peak Wet Weather Discharges From Publicly Owned Treatment
Work Treatment Plants Serving Sanitary Sewer Collection Systems Policy
National Primary Drinking Water Regulations: Radon
National Primary Drinking Water Regulations: Aldicarb
Shore Protection Act, Section 4103(b) Regulations
Effluent Limitations Guidelines and Standards for the Construction and Development Point Source
Category
Revisions to the National Oil and Hazardous Substances Pollution Contingency Plan; Product
Schedule Listing Requirements
SPCC Compliance Date Extension
Standards for the Management of Coal Combustion Residuals Generated by Commercial Electric
Power Producers
Identification of Non-Hazardous Secondary Materials That Are Solid Wastes
Revising Underground Storage Tank Regulations-Revisions to Existing Requirements and
Additions To Incorporate the Provisions of the Energy Policy Act
Revision of Cooperative Agreements and Superfund State Contracts for Superfund Response
Actions
National Contingency Plan Revisions To Align With the National Response Plan
Emergency Planning and Community Right-To-Know Act: Amendments and Streamlining Rule
Standards for the Safe and Environmentally Protective Placement of Coal Combustion Residuals
as Minefill in Coal Mines Not Regulated Under the Surface Mining Control and Reclamation Act
Hazardous Waste Manifest Revisions—Standards and Procedures for Electronic Manifests
Amendment to the Universal Waste Rule: Addition of Pharmaceuticals
RCRA Smarter Waste Reporting
Identifying the Universe of Government Research in Laboratories and Determining Student
Involvement in Generating Laboratory Hazardous Waste
Revisions to the Spill Prevention, Control, and Countermeasure (SPCC) Rule
Review of the National Ambient Air Quality Standards for Carbon Monoxide
166
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Spring 2010 Semiannual Regulatory Agenda
2060-AO47
2060-AP72
2060-AO50
2060-AM44
2060-ANOO
2060-AN17
2060-AP30
2060-AP50
2060-AP52
2060-AP80
2060-AP90
2060-AQ01
2060-AQ08
2060-AQ23
2060-AQ25
2060-AO48
2060-AP75
2060-AO15
2060-AH93
2060-AO42
2060-AO24
2060-AO58
2060-AO96
2060-AP15
2060-AP77
2060-AP86
2060-AP98
2060-AQ21
2060-AO72
2060-AP38
2060-AN43
2060-AK54
Review of the National Ambient Air Quality Standards for Particulate Matter
Decision To Allow States Up to 3 Years To Revise Implementation Plans for PM2.5; Proposal To
Revise the Interpollutant Trading Policy for PM2.5 Offsets
Measurement of PM2.5 and PM10 Emissions by Dilution Sampling
National Emission Standards for Hazardous Air Pollutants for Area Sources: Industrial,
Commercial, and Institutional Boilers
Implementing Periodic Monitoring in Federal and State Operating Permit Programs
Standards of Performance for New Stationary Sources, Emission Guidelines for Existing Sources,
and Federal Plan: Small Municipal Waste Combustors: Remand Response and Amendments
Implementation of the 1997 8-hour Ozone National Ambient Air Quality Standard: NSR Anti-
Backsliding
Transport Rule (CAIR Replacement Rule)
National Emission Standards for Hazardous Air Pollutants for Coal- and Oil-Fired Electric Utility
Steam Generating Units
Reconsideration of the Prevention of Significant Deterioration and Nonattainment New Source
Review NSR: Aggregation
NSPS/Emission Guidelines (EG) for Sewage Sludge Incinerators
Revisions to Test Methods and Testing Regulations
Action To Ensure Authority of State and Local Air Permit Programs To Regulate All Pollutants
Elsewhere Subject to Regulation Under the Clean Air Act
Method 16C for the Determination of Total Reduced Sulfur Emissions From Stationary Sources
National Emission Standards for Hazardous Air Pollutants for Major Source Industrial,
Commercial, and Institutional Boilers and Process Heaters
Review of the Primary National Ambient Air Quality Standard for Sulfur Dioxide
Implementation of the New Source Review Program for Particulate Matter Less Than 2.5
Micrometers—Repeal of Grandfathering Provision and End Early the PM10 Surrogate Policy
NESHAP: Portland Cement Notice of Reconsideration
Revisions to the General Conformity Regulations
Review of New Source Performance Standards—Portland Cement
Prevention of Significant Deterioration for PM2.5—Increments, Significant Impact Levels, and
Significant Monitoring Concentrations
Methods for Measurement of Filterable PM10 and PM2.5 and Measurement of Condensable
Particulate Matter Emissions From Stationary Sources
Implementation of the 1997 8-Hr Ozone NAAQS: Classification of Subpart 1 Areas and Revision
to Anti-Backsliding Provisions; Deletion of Obsolete 1-Hr Ozone Standard Provisions
Ambient Ozone Monitoring Regulations: Revisions to Network Design Requirements
Revision to Pb Ambient Air Monitoring Requirements
Prevention of Significant Deterioration/Title V Greenhouse Gas Tailoring Rule
Reconsideration of the 2008 Ozone National Ambient Air Quality Standards
Implementation of the New Source Review Program for Particulate Matter (PM) Less Than 2.5
Micrometers—Ending of NSR Transition Period for Condensable PM
Review of the Secondary National Ambient Air Quality Standards for Oxides of Nitrogen and
Oxides of Sulfur
Review of the National Ambient Air Quality Standards for Ozone
Federal Plan Requirements for Other Solid Waste Incineration Units Constructed on or Before
December 9, 2004
NESHAP: General Provisions; Amendments for Pollution Prevention Alternative Compliance
Requirements
167
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Spring 2010 Semiannual Regulatory Agenda
2060-AK73
2060-AI62
2060-AM08
2060-AM75
2060-AN93
2060-APOO
2060-AQ20
2060-AO19
2060-AP65
2060-AO11
2060-AM45
2060-AO23
2060-AP31
2060-AP73
2060-AP87
2070-AJ57
2070-AA58
2070-AJ55
2070-AJ20
2070-AC51
2070-AC64
2070-AJ64
2070-AD64
National Emission Standards for Hazardous Air Pollutants for Stationary Combustion Turbines-
Petition To Delist
National VOC Emission Standards for Consumer Products; Amendments
NSPS for Municipal Solid Waste Landfills
NESHAP: General Provisions (Once In Always In)-Amendments
Improving Implementation of the Operating Permit Rules in Response to CAAA Committee
Recommendations
Prevention of Air Pollution Emergency Episodes
Residual Risk and Technology Review Amendments to the Phosphoric Acid and Phosphate
Fertilizer Production NESHAPs
Review of the Primary National Ambient Air Quality Standard for Nitrogen Dioxide
Reconsideration of 2008 Final Implementation Rule for PM2.5 NSR: Stay of Effective Date for
Grandfathering Provisions
Air Quality Index Reporting and Significant Harm Level for PM2.5
Flexible Air Permit Rule
Reconsideration of Stationary Combustion Turbine NSPS
Protocols for Monitoring and Measuring Mercury Emissions
Reconsideration of Prevention of Significant Deterioration (PSD) and Nonattainment New Source
Review (NSR): Reconsideration of Inclusion of Fugitive Emissions
Interpretation of Regulations That Determine Pollutants Covered by the Clean Air Act Permitting
Programs
Lead; Clearance and Clearance Testing Requirements for the Renovation, Repair, and Painting
Program
Follow-Up Rules on Existing Chemicals
Lead; Amendment to the Opt-Out and Recordkeeping Provisions in the Renovation, Repair, and
Painting Program
Pesticides; Competency Standards for Occupational Users
Asbestos Model Accreditation Plan Revisions
Lead-Based Paint Activities; Bridges and Structures; Training, Accreditation, and Certification
Rule and Model State Plan Rule
Lead Wheel Weights; Regulatory Investigation
Lead-Based Paint; Amendments to the Requirements for Disclosure of Known Lead-Based Paint
or Lead-Based Paint Hazards in Target Housing
Tribal
2009-AAOO
2020-AA47
2040-AC84
2040-AE87
2040-AE98
2040-AF16
2040-AD39
2040-AD02
Source-Specific Federal Implementation Plan for Navajo Generating Station; Navajo Nation
NPDES Electronic Reporting Rule
National Pollutant Discharge Elimination System (NPDES): Use of Sufficiently Sensitive Test
Methods for Permit Applications and Reporting
Guidance for Implementing the Methylmercury Water Quality Criterion
Federal Requirements Under the Underground Injection Control (UIC) Program for Carbon
Dioxide (CO2) Geologic Sequestration (GS) Wells
Water Quality Standards Regulatory Clarifications
Uniform National Discharge Standards for Vessels of the Armed Forces-Phase II
NPDES Permit Requirements for Municipal Sanitary and Combined Sewer Collection Systems,
Municipal Satellite Collection Systems, Sanitary Sewer Overflows, and Peak Excess Flow
Treatment Facilities
168
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Spring 2010 Semiannual Regulatory Agenda
2040-AD87
2040-AA94
2040-AC13
2040-AE77
2050-AE87
2050-AG59
2050-AE81
2050-AG44
2050-AG60
2050-AG46
2050-AG58
2050-AG22
2050-AG40
2050-AG45
2050-AG20
2050-AF01
2050-AG16
2060-AI43
2060-AO47
2060-AP72
2060-AM44
2060-ANOO
2060-AP52
2060-AP80
2060-AQ08
2060-AO48
2060-AH37
2060-AP75
2060-AO15
2060-AH93
2060-AO42
2060-AO24
2060-AP15
NPDES Permit Requirements for Peak Wet Weather Discharges From Publicly Owned Treatment
Work Treatment Plants Serving Sanitary Sewer Collection Systems Policy
National Primary Drinking Water Regulations: Radon
National Primary Drinking Water Regulations: Aldicarb
New/Revised Ambient Water Quality Criteria (AWQC) for Recreational Waters
Revisions to the National Oil and Hazardous Substances Pollution Contingency Plan; Product
Schedule Listing Requirements
SPCC Compliance Date Extension
Standards for the Management of Coal Combustion Residuals Generated by Commercial Electric
Power Producers
Identification of Non-Hazardous Secondary Materials That Are Solid Wastes
Hazardous Waste Management Systems: Identification and Listing of Hazardous Waste: Carbon
Dioxide (CO2) Injectate in Geological Sequestration Activities
Revising Underground Storage Tank Regulations-Revisions to Existing Requirements and
Additions To Incorporate the Provisions of the Energy Policy Act
Revision of Cooperative Agreements and Superfund State Contracts for Superfund Response
Actions
National Contingency Plan Revisions To Align With the National Response Plan
Emergency Planning and Community Right-To-Know Act: Amendments and Streamlining Rule
Standards for the Safe and Environmentally Protective Placement of Coal Combustion Residuals
as Minefill in Coal Mines Not Regulated Under the Surface Mining Control and Reclamation Act
Hazardous Waste Manifest Revisions—Standards and Procedures for Electronic Manifests
RCRA Smarter Waste Reporting
Revisions to the Spill Prevention, Control, and Countermeasure (SPCC) Rule
Review of the National Ambient Air Quality Standards for Carbon Monoxide
Review of the National Ambient Air Quality Standards for Particulate Matter
Decision To Allow States Up to 3 Years To Revise Implementation Plans for PM2.5; Proposal To
Revise the Interpollutant Trading Policy for PM2.5 Offsets
National Emission Standards for Hazardous Air Pollutants for Area Sources: Industrial,
Commercial, and Institutional Boilers
Implementing Periodic Monitoring in Federal and State Operating Permit Programs
National Emission Standards for Hazardous Air Pollutants for Coal- and Oil-Fired Electric Utility
Steam Generating Units
Reconsideration of the Prevention of Significant Deterioration and Nonattainment New Source
Review NSR: Aggregation
Action To Ensure Authority of State and Local Air Permit Programs To Regulate All Pollutants
Elsewhere Subject to Regulation Under the Clean Air Act
Review of the Primary National Ambient Air Quality Standard for Sulfur Dioxide
Review of New Sources and Modifications in Indian Country
Implementation of the New Source Review Program for Particulate Matter Less Than 2.5
Micrometers-Repeal of Grandfathering Provision and End Early the PM10 Surrogate Policy
NESHAP: Portland Cement Notice of Reconsideration
Revisions to the General Conformity Regulations
Review of New Source Performance Standards-Portland Cement
Prevention of Significant Deterioration for PM2.5-lncrements, Significant Impact Levels, and
Significant Monitoring Concentrations
Ambient Ozone Monitoring Regulations: Revisions to Network Design Requirements
169
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Spring 2010 Semiannual Regulatory Agenda
2060-AP86
2060-AP98
2060-AQ21
2060-AO72
2060-AP38
2060-AN43
2060-AK54
2060-AI62
2060-AM08
2060-AM75
2060-AN93
2060-APOO
2060-AP07
2060-AP43
2060-AO19
2060-AP65
2060-AO11
2060-AM45
2060-AO23
2060-AP73
2060-AP87
2070-AJ32
2070-AJ57
2070-AJ55
2070-AJ20
2070-AJ22
2070-AC51
2070-AC64
2070-AJ64
2070-AD64
Prevention of Significant Deterioration/Title V Greenhouse Gas Tailoring Rule
Reconsideration of the 2008 Ozone National Ambient Air Quality Standards
Implementation of the New Source Review Program for Particulate Matter (PM) Less Than 2.5
Micrometers—Ending of NSR Transition Period for Condensable PM
Review of the Secondary National Ambient Air Quality Standards for Oxides of Nitrogen and
Oxides of Sulfur
Review of the National Ambient Air Quality Standards for Ozone
Federal Plan Requirements for Other Solid Waste Incineration Units Constructed on or Before
December 9, 2004
NESHAP: General Provisions; Amendments for Pollution Prevention Alternative Compliance
Requirements
National VOC Emission Standards for Consumer Products; Amendments
NSPS for Municipal Solid Waste Landfills
NESHAP: General Provisions (Once In Always In)-Amendments
Improving Implementation of the Operating Permit Rules in Response to CAAA Committee
Recommendations
Prevention of Air Pollution Emergency Episodes
Remand of Halogenated Solvent Cleaning Final Residual Risk Rule
Revision of Health and Environmental Protection Standards for Uranium and Thorium Mill Tailings
and Uranium In Situ Leaching Processing Facilities
Review of the Primary National Ambient Air Quality Standard for Nitrogen Dioxide
Reconsideration of 2008 Final Implementation Rule for PM2.5 NSR: Stay of Effective Date for
Grandfathering Provisions
Air Quality Index Reporting and Significant Harm Level for PM2.5
Flexible Air Permit Rule
Reconsideration of Stationary Combustion Turbine NSPS
Reconsideration of Prevention of Significant Deterioration (PSD) and Nonattainment New Source
Review (NSR): Reconsideration of Inclusion of Fugitive Emissions
Interpretation of Regulations That Determine Pollutants Covered by the Clean Air Act Permitting
Programs
Regulations To Facilitate Compliance With the Federal Insecticide, Fungicide, and Rodenticide
Act by Producers of Plant-Incorporated Protectants (PIPs)
Lead; Clearance and Clearance Testing Requirements for the Renovation, Repair, and Painting
Program
Lead; Amendment to the Opt-Out and Recordkeeping Provisions in the Renovation, Repair, and
Painting Program
Pesticides; Competency Standards for Occupational Users
Pesticides; Agricultural Worker Protection Standard Revisions
Asbestos Model Accreditation Plan Revisions
Lead-Based Paint Activities; Bridges and Structures; Training, Accreditation, and Certification
Rule and Model State Plan Rule
Lead Wheel Weights; Regulatory Investigation
Lead-Based Paint; Amendments to the Requirements for Disclosure of Known Lead-Based Paint
or Lead-Based Paint Hazards in Target Housing
Federal
2020-AA47
2025-AA19
NPDES Electronic Reporting Rule
TRI; Response to Petition To Delete Acetonitrile From the Toxics Release Inventory List of Toxic
170
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Spring 2010 Semiannual Regulatory Agenda
2025-AA28
2025-AA27
2025-AA16
2025-AA17
2040-AF09
2040-AC84
2040-AE69
2040-AE98
2040-AD09
2040-AD39
2040-AF20
2Q40-AA94
2040-AC13
2040-AD40
2040-AB85
2040-AE91
2040-AE77
2050-AE87
2050-AG59
2050-AE81
2050-AG44
2050-AG60
2050-AG46
2050-AG58
2050-AG22
2050-AG40
2050-AE23
2050-AG45
2050-AG20
2050-AG39
2050-AE51
Chemicals
Toxics Release Inventory; Addition of National Toxicology Program Carcinogens
TRI: Intent To Consider Lifting Administrative Stay Regarding Hydrogen Sulfide Reporting
Requirements; Opportunity for Public Comment
TRI; Response to Petition To Delete Chromium, Antimony, and Titanate From the Metal
Compound Categories Listed on the Toxics Release Inventory
TRI; Response to Petition To Add Diisononyl Phthalate to the Toxics Release Inventory List of
Toxic Chemicals
Guidelines Establishing Test Procedures for the Analysis of Pollutants Under the Clean Water Act;
Analysis and Sampling Procedures
National Pollutant Discharge Elimination System (NPDES): Use of Sufficiently Sensitive Test
Methods for Permit Applications and Reporting
Effluent Limitations Guidelines and Standards for Airport Deicing Operations
Federal Requirements Under the Underground Injection Control (UIC) Program for Carbon
Dioxide (CO2) Geologic Sequestration (GS) Wells
Test Procedures for the Analysis of Co-Planar and Mono-Ortho-Substituted Polychlorinated
Biphenyls (PCBs) Under the Clean Water Act
Uniform National Discharge Standards for Vessels of the Armed Forces-Phase II
Revised Regulations for Concentrated Animal Feeding Operations (CAFOs) in the Chesapeake
Bay Watershed
National Primary Drinking Water Regulations: Radon
National Primary Drinking Water Regulations: Aldicarb
Underground Injection Control: Update of State Programs
Shore Protection Act, Section 4103(b) Regulations
Effluent Limitations Guidelines and Standards for the Construction and Development Point Source
Category
New/Revised Ambient Water Quality Criteria (AWQC) for Recreational Waters
Revisions to the National Oil and Hazardous Substances Pollution Contingency Plan; Product
Schedule Listing Requirements
SPCC Compliance Date Extension
Standards for the Management of Coal Combustion Residuals Generated by Commercial Electric
Power Producers
Identification of Non-Hazardous Secondary Materials That Are Solid Wastes
Hazardous Waste Management Systems: Identification and Listing of Hazardous Waste: Carbon
Dioxide (CO2) Injectate in Geological Sequestration Activities
Revising Underground Storage Tank Regulations-Revisions to Existing Requirements and
Additions To Incorporate the Provisions of the Energy Policy Act
Revision of Cooperative Agreements and Superfund State Contracts for Superfund Response
Actions
National Contingency Plan Revisions To Align With the National Response Plan
Emergency Planning and Community Right-To-Know Act: Amendments and Streamlining Rule
Revisions to the Comprehensive Guideline for Procurement of Products Containing Recovered
Materials
Standards for the Safe and Environmentally Protective Placement of Coal Combustion Residuals
as Minefill in Coal Mines Not Regulated Under the Surface Mining Control and Reclamation Act
Hazardous Waste Manifest Revisions—Standards and Procedures for Electronic Manifests
Amendment to the Universal Waste Rule: Addition of Pharmaceuticals
Modifications to RCRA Rules Associated With Solvent-Contaminated Industrial Wipes
171
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Spring 2010 Semiannual Regulatory Agenda
2050-AF01
2050-AG54
2050-AG16
2050-AE93
2050-AG42
2060-AI43
2060-AO47
2060-AP72
2060-AP26
2060-AN48
2060-AO50
2060-AN33
2060-AM44
2060-AM84
2060-ANOO
2060-AN17
2060-AP30
2060-AP52
2060-AP61
2060-AP80
2060-AQOO
2060-AQ01
2060-AQ08
2060-AQ17
2060-AQ23
2060-AQ25
2060-AH90
2060-AO48
2060-AH37
2060-AP75
2060-AH23
2060-AO31
RCRA Smarter Waste Reporting
Identifying the Universe of Government Research in Laboratories and Determining Student
Involvement in Generating Laboratory Hazardous Waste
Revisions to the Spill Prevention, Control, and Countermeasure (SPCC) Rule
Requirements forTransboundary Shipments of Wastes, Export Shipments of Spent Lead-Acid
Batteries, Submitting Exception Reports for Export Shipments of Hazardous Wastes, and Imports
of Hazardous Waste
Polychlorinated Biphenyls (PCBs); Manufacturing (Import) Exemption for Disposal
Review of the National Ambient Air Quality Standards for Carbon Monoxide
Review of the National Ambient Air Quality Standards for Particulate Matter
Decision To Allow States Up to 3 Years To Revise Implementation Plans for PM2.5; Proposal To
Revise the Interpollutant Trading Policy for PM2.5 Offsets
NESHAP Subpart W: Standards for Radon Emissions From Operating Uranium Mill Tailings:
Review
Protection of Stratospheric Ozone: Amending Requirements To Import Ozone-Depleting
Substances for Destruction in the U.S.
Measurement of PM2.5 and PM10 Emissions by Dilution Sampling
NESHAP: Polyvinyl Chloride and Copolymers Production, Amendments
National Emission Standards for Hazardous Air Pollutants for Area Sources: Industrial,
Commercial, and Institutional Boilers
NESHAP: Defense Land Systems and Miscellaneous Equipment
Implementing Periodic Monitoring in Federal and State Operating Permit Programs
Standards of Performance for New Stationary Sources, Emission Guidelines for Existing Sources,
and Federal Plan: Small Municipal Waste Combustors: Remand Response and Amendments
Implementation of the 1997 8-hour Ozone National Ambient Air Quality Standard: NSR Anti-
Backsliding
National Emission Standards for Hazardous Air Pollutants for Coal- and Oil-Fired Electric Utility
Steam Generating Units
Control of Greenhouse Gas Emissions From Heavy-Duty Vehicles
Reconsideration of the Prevention of Significant Deterioration and Nonattainment New Source
Review NSR: Aggregation
Greenhouse Gas Reporting Rule for Additional Sources of Fluorinated GHGs
Revisions to Test Methods and Testing Regulations
Action To Ensure Authority of State and Local Air Permit Programs To Regulate All Pollutants
Elsewhere Subject to Regulation Under the Clean Air Act
Regulation To Prevent the Misfueling of Vehicles and Engines With Gasoline Containing Greater
Than Ten Volume Percent Ethanol and Modifications to the Reformulated and Conventional
Gasoline Programs
Method 16C for the Determination of Total Reduced Sulfur Emissions From Stationary Sources
National Emission Standards for Hazardous Air Pollutants for Major Source Industrial,
Commercial, and Institutional Boilers and Process Heaters
Technical Change to Dose Methodology
Review of the Primary National Ambient Air Quality Standard for Sulfur Dioxide
Review of New Sources and Modifications in Indian Country
Implementation of the New Source Review Program for Particulate Matter Less Than 2.5
Micrometers—Repeal of Grandfathering Provision and End Early the PM10 Surrogate Policy
Amendments to Standards of Performance for New Stationary Sources; Monitoring Requirements
Amendment of Definitions for National Emissions Standards for Hazardous Pollutants for
172
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Spring 2010 Semiannual Regulatory Agenda
2060-AH93
2060-AO42
2060-AO24
2060-AP15
2060-AP77
2060-AP86
2060-AP98
2060-AQ21
2060-AO72
2060-AP38
2060-AN43
2060-AK54
2060-AI62
2060-AO68
2060-AI97
2060-AM75
2060-AM87
2060-AN93
2060-APOO
2060-AP07
2060-AQ11
2060-AQ20
2060-AP43
2060-AO19
2060-AP65
2060-AO11
2060-AM45
2060-AO23
2060-AP31
2060-AP73
2060-AP87
2070-AJ27
2070-AJ32
Radionuclides
Revisions to the General Conformity Regulations
Review of New Source Performance Standards—Portland Cement
Prevention of Significant Deterioration for PM2.5—Increments, Significant Impact Levels, and
Significant Monitoring Concentrations
Ambient Ozone Monitoring Regulations: Revisions to Network Design Requirements
Revision to Pb Ambient Air Monitoring Requirements
Prevention of Significant Deterioration/Title V Greenhouse Gas Tailoring Rule
Reconsideration of the 2008 Ozone National Ambient Air Quality Standards
Implementation of the New Source Review Program for Particulate Matter (PM) Less Than 2.5
Micrometers—Ending of NSR Transition Period for Condensable PM
Review of the Secondary National Ambient Air Quality Standards for Oxides of Nitrogen and
Oxides of Sulfur
Review of the National Ambient Air Quality Standards for Ozone
Federal Plan Requirements for Other Solid Waste Incineration Units Constructed on or Before
December 9, 2004
NESHAP: General Provisions; Amendments for Pollution Prevention Alternative Compliance
Requirements
National VOC Emission Standards for Consumer Products; Amendments
Protection of Stratospheric Ozone: Labeling of Products Using HCFCs
Inspection/Maintenance Program Requirements for Federal Facilities; Amendment
NESHAP: General Provisions (Once In Always In)—Amendments
NESHAP: Taconite Iron Ore Processing; Amendments
Improving Implementation of the Operating Permit Rules in Response to CAAA Committee
Recommendations
Prevention of Air Pollution Emergency Episodes
Remand of Halogenated Solvent Cleaning Final Residual Risk Rule
Risk and Technology Review for Ferroalloys Production
Residual Risk and Technology Review Amendments to the Phosphoric Acid and Phosphate
Fertilizer Production NESHAPs
Revision of Health and Environmental Protection Standards for Uranium and Thorium Mill Tailings
and Uranium In Situ Leaching Processing Facilities
Review of the Primary National Ambient Air Quality Standard for Nitrogen Dioxide
Reconsideration of 2008 Final Implementation Rule for PM2.5 NSR: Stay of Effective Date for
Grandfathering Provisions
Air Quality Index Reporting and Significant Harm Level for PM2.5
Flexible Air Permit Rule
Reconsideration of Stationary Combustion Turbine NSPS
Protocols for Monitoring and Measuring Mercury Emissions
Reconsideration of Prevention of Significant Deterioration (PSD) and Nonattainment New Source
Review (NSR): Reconsideration of Inclusion of Fugitive Emissions
Interpretation of Regulations That Determine Pollutants Covered by the Clean Air Act Permitting
Programs
Pesticides; Data Requirements for Plant-Incorporated Protectants (PIPs) and Certain Exemptions
for PIPs
Regulations To Facilitate Compliance With the Federal Insecticide, Fungicide, and Rodenticide
Act by Producers of Plant-Incorporated Protectants (PIPs)
173
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Spring 2010 Semiannual Regulatory Agenda
2070-AJ26
2070-AJ08
2070-AJ57
2070-AA58
2070-AD16
2070-AJ55
2070-AB79
2070-AC76
2070-AD30
2070-AJ49
2070-AJ23
2070-AD49
2070-AJ20
2070-AJ22
2070-AD14
2070-AJ45
2070-AC51
2070-AC64
2070-AD53
2070-AD64
2070-AB94
2070-AD44
2070-AJ07
Pesticides; Determination of Status of Prions as Pests
Decabromodiphenyl Ether (DecaBDE), Pentabromodiphenyl Ether (PentaBDE), and
Octabromodiphenyl Ether (OctaBDE)
Lead; Clearance and Clearance Testing Requirements for the Renovation, Repair, and Painting
Program
Follow-Up Rules on Existing Chemicals
Test Rule; Testing of Certain High Production Volume (HPV) Chemicals
Lead; Amendment to the Opt-Out and Recordkeeping Provisions in the Renovation, Repair, and
Painting Program
Test Rule; Certain Chemicals on the ATSDR Priority List of Hazardous Substances
Test Rule; Hazardous Air Pollutants (HAPs)
Pesticides; Data Requirements for Antimicrobials
Pesticides; Data Requirements for Product Performance
Pesticides; Tolerance Processing Fees
Plant Incorporated Protectants (PIPs); Exemption for Those Based on Viral Coat Protein Genes
Pesticides; Competency Standards for Occupational Users
Pesticides; Agricultural Worker Protection Standard Revisions
Pesticides; Registration Requirements for Antimicrobial Pesticide Products
Pesticides; Reconsideration of Exemptions for Insect Repellents
Asbestos Model Accreditation Plan Revisions
Lead-Based Paint Activities; Bridges and Structures; Training, Accreditation, and Certification
Rule and Model State Plan Rule
TSCA Policy Statement on Oversight of Transgenic Organisms (Including Plants)
Lead-Based Paint; Amendments to the Requirements for Disclosure of Known Lead-Based Paint
or Lead-Based Paint Hazards in Target Housing
Testing of Existing Chemicals (Overview Entry for Future Needs)
Test Rule; Multiple Substance Rule for the Testing of Developmental and Reproductive Toxicity
Testing Agreement for Aryl Phosphates (ITC List 2)
E. INDEX TO ENTRIES THAT MAY HAVE FEDERALISM IMPLICATIONS
Executive Order 13132 entitled "Federalism," signed August 4, 1999 (64 FR 43255) directs agencies to
have an accountable process to ensure meaningful and timely input by State and local officials in the
development of regulatory policies that have "federalism implications." This term refers to actions "that
have substantial direct effects on the States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the various levels of government." The
following index lists the regulatory actions in this publication that may have federalism implications. The
Regulatory Identifier Number (RIN) of the entry identifies the location of the entry in this edition.
2020-AA47
2040-AD39
2040-AA94
2040-AE91
2050-AE81
NPDES Electronic Reporting Rule
Uniform National Discharge Standards for Vessels of the Armed Forces-Phase II
National Primary Drinking Water Regulations: Radon
Effluent Limitations Guidelines and Standards for the Construction and Development Point Source
Category
Standards for the Management of Coal Combustion Residuals Generated by Commercial Electric
Power Producers
174
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Spring 2010 Semiannual Regulatory Agenda
F. INDEX TO ENTRIES THAT ARE ECONOMICALLY SIGNIFICANT
As defined in Executive Order 12866, a rulemaking action that will have an annual effect on the economy
of $100 million or more or will adversely affect in a material way the economy, a sector of the economy,
productivity, competition, jobs, the environment, public health or safety, or State, local, or tribal
governments or communities. The definition of an "economically significant" rule is similar but not identical
to the definition of a "major" rule under 5 USC 801 (Pub. L. 104-121).
2040-AE95
2Q40-AA94
2040-AE91
2050-AE81
2050-AG46
2050-AG50
2050-AG16
2060-AI43
2060-AO47
2060-AM44
2060-ANOO
2060-AP50
2060-AP52
2060-AP61
2060-AQ25
2060-AO48
2060-AO15
2060-AO42
2060-AP58
2060-AP98
2060-AQ13
2060-AO72
2060-AP38
2060-AO19
2060-AO81
2060-AP36
2070-AJ56
2070-AJ57
Criteria and Standards for Cooling Water Intake Structures
National Primary Drinking Water Regulations: Radon
Effluent Limitations Guidelines and Standards for the Construction and Development Point Source
Category
Standards for the Management of Coal Combustion Residuals Generated by Commercial Electric
Power Producers
Revising Underground Storage Tank Regulations-Revisions to Existing Requirements and
Additions To Incorporate the Provisions of the Energy Policy Act
Oil Pollution Prevention: Spill Prevention, Control, and Countermeasure Rule Requirements-
Amendments for Milk Containers
Revisions to the Spill Prevention, Control, and Countermeasure (SPCC) Rule
Review of the National Ambient Air Quality Standards for Carbon Monoxide
Review of the National Ambient Air Quality Standards for Particulate Matter
National Emission Standards for Hazardous Air Pollutants for Area Sources: Industrial,
Commercial, and Institutional Boilers
Implementing Periodic Monitoring in Federal and State Operating Permit Programs
Transport Rule (CAIR Replacement Rule)
National Emission Standards for Hazardous Air Pollutants for Coal- and Oil-Fired Electric Utility
Steam Generating Units
Control of Greenhouse Gas Emissions From Heavy-Duty Vehicles
National Emission Standards for Hazardous Air Pollutants for Major Source Industrial,
Commercial, and Institutional Boilers and Process Heaters
Review of the Primary National Ambient Air Quality Standard for Sulfur Dioxide
NESHAP: Portland Cement Notice of Reconsideration
Review of New Source Performance Standards-Portland Cement
EPA/NHTSA Joint Rulemaking To Establish Light-Duty Greenhouse Gas Emission Standards and
Corporate Average Fuel Economy Standards
Reconsideration of the 2008 Ozone National Ambient Air Quality Standards
National Emission Standards for Hazardous Air Pollutants for Reciprocating Internal Combustion
Engines-Existing Stationary Spark Ignition (Gas-Fired)
Review of the Secondary National Ambient Air Quality Standards for Oxides of Nitrogen and
Oxides of Sulfur
Review of the National Ambient Air Quality Standards for Ozone
Review of the Primary National Ambient Air Quality Standard for Nitrogen Dioxide
Renewable Fuels Standard Program
National Emission Standards for Hazardous Air Pollutants for Reciprocating Internal Combustion
Engines-Compression Ignition
Lead; Renovation, Repair, and Painting Program for Public and Commercial Buildings
Lead; Clearance and Clearance Testing Requirements for the Renovation, Repair, and Painting
Program
175
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Spring 2010 Semiannual Regulatory Agenda
2070-AJ55
Lead; Amendment to the Opt-Out and Recordkeeping Provisions in the Renovation, Repair, and
Painting Program
G. INDEX TO ENTRIES THAT MAY HAVE INTERNATIONAL IMPACTS
This information is intended to indicate whether a regulatory action is expected to have international trade
and investment effects, or otherwise may be of interest to our international trading partners. This data
was added in the fall 2008 Semiannual Regulatory Agenda per the recommendation of the OMB -
Secretariat General of the European Commission joint report to the U.S. - European Union (EU) High
Level Regulatory Cooperation Forum and Transatlantic Council. The report recommended that both the
U.S. and the EU better identify regulations of international interest to our trading partners. This report is
available at OMB's web site.
2050-AG42
2060-AN48
2060-AN30
2060-AP92
2060-AO38
2060-AM54
2060-AP11
2060-AP59
2060-AP62
2060-AL94
2060-AO68
2060-AN58
2060-AO76
2060-AO81
2070-AJ60
2070-AD16
2070-AJ46
2070-AJ44
2070-AD58
Polychlorinated Biphenyls (PCBs); Manufacturing (Import) Exemption for Disposal
Protection of Stratospheric Ozone: Amending Requirements To Import Ozone-Depleting
Substances for Destruction in the U.S.
Protection of Stratospheric Ozone: Revision to Listing of Carbon Dioxide Total Flooding Fire
Extinguishing Systems Restricting Use to Only Unoccupied Areas
Protection of Stratospheric Ozone: The 2011 Critical Use Exemption From the Phaseout of Methyl
Bromide
Control of Emissions From New Marine Compression-Ignition Engines At or Above 30 Liters Per
Cylinder
Protection of Stratospheric Ozone: Listing of Substitutes in the Motor Vehicle Air Conditioning
Sector Under the Significant New Alternatives Policy (SNAP) Program
Protection of Stratospheric Ozone: New Substitute in the Motor Vehicle Air Conditioning Sector
Under the Significant New Alternatives Policy (SNAP) Program
Protection of Stratospheric Ozone: Allocation of Essential Use Allowances for Calendar Year
2010
Protection of Stratospheric Ozone: The 2010 Critical Use Exemption From the Phaseout of Methyl
Bromide
Protection of Stratospheric Ozone: Process for Exempting Emergency Uses of Methyl Bromide
Protection of Stratospheric Ozone: Labeling of Products Using HCFCs
Protection of Stratospheric Ozone: Ban on the Sale or Distribution of Pre-Charged Appliances
Protection of Stratospheric Ozone: Adjustments to the Allowance System for Controlling HCFC
Production, Import, and Export
Renewable Fuels Standard Program
Mercury Export Ban Act; Procedures for Essential Use Exemptions
Test Rule; Testing of Certain High Production Volume (HPV) Chemicals
Mercury; Regulation of Use in Certain Products
Formaldehyde Emissions From Pressed Wood Products
Amendment to the Premanufacture Notification Exemptions; Revisions of Exemptions for Certain
Polymers
176
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